Kentucky · Handbook chapter 4 · 4 min read

Chapter 4: Alcohol, other drugs and driving

Kentucky DUI law: how alcohol and drugs affect driving, the 0.08 and 0.02 limits, implied consent and test refusal, first-offense penalties, aggravating circumstances and ignition interlock.

Why this chapter matters

Alcohol and other impairing drugs play a part in about 40 percent of fatal crashes each year. Every permit test has alcohol questions, and Kentucky's law is full of numbers: 0.08, 0.02, 0.15, 10 to 15 minutes and 4 to 6 months.

How alcohol and drugs affect you

Alcohol and impairing drugs weaken your:

• Judgment, the brain's store of experience you draw on when something new happens.
• Vision, the most important sense for driving. Alcohol blurs vision, slows focusing, can cause double vision and makes speed and distance hard to judge. Vision is affected from 0.02 BAC for every driver.
• Color distinction.
• Reaction time.

Impairment starts with the first drink. The best advice is not to drive after drinking or using drugs at all, and never let a friend drive impaired.

Other drugs

• Over-the-counter remedies for colds, allergies or nerves can cause drowsiness. Pep pills, "uppers" and diet pills can make you nervous, dizzy and unable to concentrate, and can affect vision.
• Prescription drugs such as antidepressants, pain relievers, sleep aids and sedatives can affect driving like alcohol.
• Illegal drugs affect reflexes, judgment, vision and alertness.
• Never mix alcohol with other drugs: the effects can multiply.

Check the label and ask your doctor or pharmacist if you are unsure.

The legal limits

You can be convicted below 0.08 if there is evidence of impaired driving. Under 21, it is illegal to buy, possess or drink alcohol at all.

Implied consent

By driving in Kentucky you have agreed to a lawfully requested test of your blood, breath or urine, or a combination.

• Before the test you get at least 10 but no more than 15 minutes to try to contact an attorney.
• A refusal can lead to suspension and can be used against you in court as evidence of DUI.
• For a second or later DUI within ten years, a refusal doubles the mandatory minimum jail term.
• If you take the test, you may also have your own blood test done by a qualified person of your choice, at your own expense.
• You may be eligible straight away for an ignition interlock license during the suspension.

Penalties for a first offense (within 10 years)

Drivers under 18 may face a longer suspension, and later offenses bring much heavier penalties. Every DUI offender must be assessed and complete an approved alcohol education or treatment program before reinstatement.

Aggravating circumstances

Jail time is mandatory when a DUI involves any of these:

• Driving more than 30 mph over the limit.
• Driving the wrong way on a limited access highway.
• Causing a crash with death or serious injury.
• A BAC of 0.15 or more within two hours of driving.
• Refusing a requested test.
• Carrying a passenger under 12.

Repeat offenders

DUI offenders forfeit their license plates while suspended unless they have an ignition interlock or hardship license. An ignition interlock device stops the car if the driver's breath alcohol is above 0.02.