Alcohol and Drug Limits

When driving with a BAC of 0.08% or more

The legal limit for adult drivers is 0.08% BAC exceeding this results in arrest, fines, and license suspension.

If under 21 with a BAC of 0.02% or higher

Kentucky prohibits any detectable alcohol in minors even a small amount can result in license suspension.

When operating a commercial vehicle with a BAC of 0.04%

CDL holders are held to stricter standards a BAC of 0.04% or higher can result in DUI charges and license loss.

If refusing a chemical test during a DUI stop

Kentucky law assumes consent to testing refusal results in immediate license suspension (30 to 120 days).

When convicted of a first-time DUI

First-time offenders face up to 30 days’ suspension, fines, and must complete an alcohol education program.

After a second DUI conviction

A second DUI may lead to 7 days to 6 months in jail, a 12- to 18-month license suspension, and mandatory ignition interlock.

When driving is impaired by drugs

DUI laws apply to any substance that impairs driving including prescriptions, marijuana, or illegal drugs.

When DUI involves a child passenger

DUI with a child under 12 is an aggravating factor, leading to increased jail time and possible felony charges.

When alcohol is combined with prescription medication

Combined use intensifies drowsiness, slows reflexes, and makes accidents and DUI arrests more likely.

After three DUI convictions within five years

Kentucky law allows DUI 4th offense within 10 years to be charged as a Class D felony with 1–5 years in prison.

When driving under marijuana’s influence

Even if obtained legally out of state, marijuana use while driving in KY is illegal and punishable under DUI laws.

If convicted of DUI under age 18

Underage DUI laws are stricter, with longer suspensions and mandatory alcohol programs.

When alcohol is detected in an underage driver

Kentucky’s Not-a-Drop law enforces automatic suspension for minors with any BAC.

If convicted of DUI while holding a CDL

A DUI conviction causes the loss of CDL privileges, even if the offense occurred in a personal vehicle.

When impairment is observed below 0.08% BAC

Observable behavior like slurred speech or poor coordination can justify arrest for DUI, even if under 0.08%.

If DUI occurs in a work zone

Work zones are protected areas DUI offenses here carry enhanced penalties, including double fines.

When required to attend alcohol education after DUI

Offenders must complete state-approved DUI programs and pay reinstatement fees before regaining driving privileges.

If driving with an open alcohol container

Open container laws prohibit open alcohol in passenger areas violations result in fines, regardless of consumption.

If arrested for DUI while on probation

A DUI violation during probation leads to additional jail time, increased fines, or complete revocation of probation.

After a crash involving suspected DUI

Officers are authorized to require chemical testing after collisions that cause death or serious injury.

After five DUI convictions

Repeat DUI offenses can lead to permanent revocation, depending on severity and frequency.