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Kentucky DUI: Top 5 Frequently Asked Questions

Like all states, Kentucky has stiff penalties and fines for driving under the influence of alcohol and drugs. Below we will discuss the top five questions drivers have regarding a Kentucky DUI and a possible license suspension. Police Chase

Top 5 Kentucky DUI questions

  1. If I am arrested for DUI in another state will Kentucky suspend my driver’s license?
The State of Kentucky is a member of both of the major interstate driving compacts- The Driver’s License Compact (DLC) and the Non-Resident Violator Compact (NRVC). Under each of these programs the State of Kentucky has agreed to share information regarding traffic violations with other states. If a driver receives a conviction in another state which would have led to a suspension within the State of Kentucky, their license will be suspended. Common offenses can include driving without proper insurance, reckless driving, a hit and run, racing, or driving under the influence of alcohol or drugs. If one of these offenses occurs, the driver will accumulate points within the State of Kentucky (just as if the offense had occurred within the state). After 12 points are accumulated within 2 years, a driver’s license can be suspended. Failure to pay court fines and other costs associated with the offense can also result in a suspended Kentucky license.
  1. Can my license be suspended if I do not complete traffic school?
If the District Court orders a driver to complete a traffic school course and they fail to meet the requirements of the program, their license can be suspended.
  1. What happens if I do not submit to a chemical test after a Kentucky DUI arrest?
Like other states, the State of Kentucky has an implied consent law which requires drivers who are operating a motorized vehicle within the State of Kentucky to give their implied consent to submit to a chemical test following a Kentucky DUI arrest. Failure to submit to the test can result in an automatic suspension of the driver’s license for 30 to 120 days (KRS 189A.103).
  1. What do I do if my license is suspended by the Transportation Cabinet for a Kentucky DUI?
The Transportation Cabinet will send a driver notification if their license has been suspended. Information concerning the actions the driver must take for reinstatement will also be sent. Following the suspension period the driver may schedule a reinstatement hearing. At this hearing the driver can present information to convince the court that they are ready to have their license reinstated. Payment for reinstatement is also required.
  1. Can I have a lawyer represent me at the Kentucky DUI reinstatement hearing?
Drivers may decide to hire a lawyer to represent them prior to and at the driver’s license suspension hearing. Lawyers are generally paid by the hour and can help their clients with a variety of services. Common services before and during the hearing include:
  • Determining if their client is eligible to have their license reinstated
  • Making an argument at the hearing that the driver’s license should be reinstated
  • Attending the hearing and arguing for probation
  • Appealing the suspension, if necessary
  • Answering questions about the hearing
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