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Kentucky DUI - First drunk driving charge in Henderson, Kentucky

Kentucky DUI - What should I expect?

One of the main concerns for most drivers in Kentucky, if they are arrested for drunk driving or driving under the influence of alcohol or drugs, is whether or not they will go to jail. Other drivers are concerned about the long-term ramifications of a Kentucky DUI arrest and the fines and penalties. Recently on our DUI forum we had a driver ask, “I was charged with a Kentucky DUI and no proof of insurance, what charges and penalties am I likely to face?” This driver mentioned this was their first Kentucky DUI so this blog will address the penalties and fines they are likely to face if they are eventually charged with drunk driving.

Penalties for a Kentucky DUI in Henderson

If you are arrested for drunk driving and it is your first conviction, assuming there are no aggravating issues, you will face the following DUI penalties and fines:
  • Drunk driving fines between $200 to $500 and a mandatory $375 service fee
  • Jail time from 48 hours to 30 days in county jail. For an aggravated DUI you must serve at least 4 days in jail which cannot be suspended
  • License Revocation for 30 to 120 days
  • Under some conditions, you may be allowed to enter a community labor program for 48 hours to 30 days in lieu of fine and/or imprisonment

What if I was arrested in another state?

If you are arrested for DUI in another state but have a Kentucky driver’s license, Kentucky will be notified per the Interstate Drivers License Compact and will take action against you.

What if my BAC or blood alcohol limit was below the legal limit when I was arrested for a Kentucky DUI?

It is illegal for all drivers to operate a motorized vehicle with a BAC or blood alcohol limit of 0.08% or higher. Drivers operating a commercial vehicle cannot have a BAC above 0.04% or higher. Minors cannot operate a vehicle with a BAC above 0.02%. But what if you were arrested for a Kentucky DUI and your BAC was below the legal limit? Can you still be arrested for a Kentucky DUI? Yes, it is possible to be charged with a Kentucky DUI even if your BAC was below the legal limit. In Kentucky the prosecution or the state must only prove you were impaired by alcohol or drugs. This can be done with a variety of evidence including:
  1. Field sobriety tests
  2. Observations by the officer or other witnesses
  3. Driver’s own testimony
  4. Driver’s actions which evidence impairment such as weaving, driving with lights off, straddling the center line, hitting someone, driving too slowly, weaving or drifting, erratic braking, tailgating and swerving.

Will I lose my license after a Kentucky DUI?

If you are operating a vehicle in Kentucky you have given your implied consent to submit to a chemical test if you are arrested for DUI. If you fail to submit to the test you can have your license suspended by the Department of Motor Vehicles through an administrative license suspension even if you are not charged or convicted for DUI.
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