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Kentucky driving lesson · Fit to Drive

DUI penalties & aggravating circumstances

A 3-minute lesson from the Kentucky course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
3 minutes
Course unit
Fit to Drive
Checkpoint questions
5
Source pages
24, 33

A DUI conviction brings a fine, jail and a license suspension, and penalties climb for repeat offenses within 10 years. Certain 'aggravating circumstances' make jail time mandatory.

First alcohol DUI conviction within 10 years (KRS 189A.010)

First alcohol DUI conviction within 10 years (KRS 189A.010)
PenaltyRange
Fine$200 to $500 plus court costs
County jail48 hours to 30 days
License suspension4 to 6 months (may be longer under 18)
Handbook p. 33 ↗

Know the rule

Second and subsequent convictions within a ten-year period carry much worse penalties.

Handbook p. 33 ↗

Aggravating circumstances (mandatory jail time):

  • Driving more than 30 mph over the posted speed limit
  • Driving the wrong direction on a limited access highway
  • Causing a collision that results in death or serious physical injury
  • Alcohol concentration of .15 or higher within 2 hours after driving
  • Refusing a blood, breath or urine test requested by police
  • Transporting a passenger under 12 years of age
Handbook p. 33 ↗
.15 BAC

Aggravating alcohol level, measured within two hours of driving

Handbook p. 33 ↗
Under 12

Age of a passenger that makes a DUI aggravated

Handbook p. 33 ↗

Know the rule

DUI offenders forfeit their license plates to the court while their license is suspended, unless they've been issued an ignition interlock license or a hardship license.

Handbook p. 33 ↗

Know the rule

The court may order an ignition interlock device installed on the violator's vehicle. It blocks driving if breath-alcohol exceeds .02.

Handbook p. 33 ↗

Know the rule

To get a license reissued after DUI you need the reinstatement fee, a notice of completion from an approved DUI program, and the suspension period to have expired.

Handbook p. 24 ↗

Put it into practice

A driver with her 8-year-old son in the car is arrested with a 0.09 BAC. Carrying a passenger under 12 is an aggravating circumstance, so jail time becomes mandatory if she's convicted.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

A first DUI conviction within a ten-year period carries a license suspension of:
  1. 1 to 2 years
  2. 10 to 90 days
  3. 4 to 6 months
  4. 30 to 60 days

Answer: 4 to 6 months

A first DUI conviction results in license suspension of four to six months (longer if under 18).

Handbook p. 33 ↗
A first DUI conviction within a ten-year period carries a fine of:
  1. Not less than $1,000 nor more than $2,000
  2. Not less than $200 nor more than $500
  3. A flat $1,000 fine
  4. Not less than $50 nor more than $100

Answer: Not less than $200 nor more than $500

The fine for a first DUI conviction is not less than $200 nor more than $500, plus court costs.

Handbook p. 33 ↗
Which of these is an aggravating circumstance that requires mandatory jail time for a DUI?
  1. Having a suspended registration
  2. A BAC of .15 or higher within two hours
  3. Driving 20 mph over the posted limit
  4. Being a first-time offender under .08 BAC

Answer: A BAC of .15 or higher within two hours

A BAC of .15 or higher within two hours of driving is one of several listed aggravating circumstances requiring mandatory jail time.

Handbook p. 33 ↗
Which of these also counts as an aggravating circumstance for a DUI conviction?
  1. Transporting a passenger under the age of 12
  2. Driving 15 mph over the posted limit
  3. Failing to signal a lane change
  4. A BAC of .10 within two hours

Answer: Transporting a passenger under the age of 12

Operating a vehicle while transporting a passenger under 12 years old is an aggravating circumstance requiring mandatory jail time.

Handbook p. 33 ↗
Drivers convicted of DUI keep their license plates during the suspension period unless they request otherwise.
  1. True
  2. False

Answer: False

Drivers convicted of DUI forfeit their license plates to the courts during the suspension, unless issued an interlock or hardship license.

Handbook p. 33 ↗
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