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Kentucky Revised Statutes § 189A.010

Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited — Admissibility of alcohol concentration or controlled substance test results — Presumptions — Penalties — Aggravating circumstances.

Kentucky DUI statute · Effective July 15, 2026 · Checked against the official text September 10, 2026 · How we research and review these pages

What this section governs

Kentucky's DUI offense (0.08 BAC; 0.02 under 21), tiered penalties within ten years, and aggravating circumstances.

Plain-language summary

Subsection (1) prohibits operating or being in physical control of a motor vehicle anywhere in Kentucky (a) with an alcohol concentration of 0.08 or more measured within two hours of ceasing to drive; (b) while under the influence of alcohol; (c) while under the influence of any other substance that impairs driving ability; (d) with a controlled substance listed in subsection (12) detected in the blood within two hours; (e) while under the combined influence of alcohol and another impairing substance; or (f) for a driver under 21, with an alcohol concentration of 0.02 or more. Subsection (5) sets penalties for offenses under (1)(a)–(e), counted within a ten-year period measured from offense dates: a first offense carries a $200–$500 fine, or 48 hours to 30 days in jail, or both (community labor may substitute), with a four-day mandatory minimum jail term if an aggravating circumstance is present; a second offense carries a $350–$500 fine and seven days to six months in jail (14 days mandatory if aggravated), with optional community labor; a third offense carries a $500–$1,000 fine and 30 days to twelve months in jail (60 days mandatory if aggravated); and a fourth or subsequent offense is a Class D felony (240 days mandatory if aggravated). Prior offenses include out-of-state impaired-driving convictions but not under-21 (1)(f) violations. Subsection (11) lists the aggravating circumstances: driving more than 30 mph over the limit, driving the wrong way on a limited-access highway, causing a crash with death or serious physical injury, an alcohol concentration of 0.15 or more within two hours, refusing a breath test (not counted for a first offense), and carrying a passenger under 12. This text took effect July 15, 2026 (2026 Ky. Acts ch. 193, § 1).

Official text (excerpt)

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating circumstances. (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this Commonwealth: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; (d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (e) While under the combined influence of alcohol and any other substance which impairs one's driving ability; or (f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).

[…] (5) Any person who violates the provisions of paragraph (a), (b), (c), (d), or (e) of subsection (1) of this section shall: (a) For the first offense within a ten (10) year period, be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating circumstances listed in subsection (11) of this section are present while the person was operating or in physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (b) For the second offense within a ten (10) year period, be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (c) For a third offense within a ten (10) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than thirty (30) days nor more than twelve (12) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be sixty (60) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a Class D felony. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be two hundred forty (240) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of release; and (e) For purposes of this subsection, prior offenses shall include all convictions in this Commonwealth, and any other state or jurisdiction, for operating or being in control of a motor vehicle while under the influence of alcohol or other substances that impair one's driving ability, or any combination of alcohol and such substances, or while having an unlawful alcohol concentration, or driving while intoxicated, but shall not include convictions for violating subsection (1)(f) of this section. A court shall receive as proof of a prior conviction a copy of that conviction, certified by the court ordering the conviction.

[…] (10) In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered. (11) For purposes of this section, aggravating circumstances are any one (1) or more of the following: (a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit; (b) Operating a motor vehicle in the wrong direction on a limited access highway; (c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080; (d) Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle; (e) Refusing to submit to any test of one's breath requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section, except it shall not be considered an aggravating circumstance for a first offense under subsection (5)(a) of this section; and (f) Operating a motor vehicle that is transporting a passenger under the age of twelve (12) years old.

[…] Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 193, sec. 1, effective July 15, 2026.

Source: Kentucky Legislative Research Commission, accessed September 10, 2026. The excerpt is reproduced verbatim; read the full section on the official site before relying on it.

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