Kentucky Implied consent – criminal penalty for refusal
- Refusal to submit to a test becomes an aggravating factor in sentencing of a conviction. KRS § 189A.105(2). Conviction – administrative / civil penalty (license suspension, use of IID)
- First conviction within 10 yearsà driver’s license revoked for 30- 120 days.
- Second conviction within 10 yearsà driver’s license revoked for 12-18 months.
- Third conviction within 10 yearsà driver’s license revoked for 24- 36 months.
- Fourth or subsequent offense within 10 yearsà driver’s license revoked for 60 months. KRS § 189A.070(1).
- If offender is convicted of a second or subsequent offense, they must provide proof of meeting requirements for issuance of IID or face the impoundment of all license plates for vehicles owned solely or jointly. KRS § 189A.085(1).
Kentucky DUI Conviction – criminal penalties (jail sentence, fines, community service)
- First convictionà jail sentence of 48 hours to 30 days; fine of $200-500; possible community service of 48 hours to 30 days.
- Second conviction within 10 yearsàjail sentence of seven days to six months; fine of $350-$500; may be sentenced 10 days to six months of community labor.
- Third conviction within 10 yearsà jail sentence of 30 days to 12 months; fine of $500-$1,000; may be sentenced 10 days to 12 months of community labor.
- Fourth or subsequent conviction within 10 yearsà Class D felony; minimum jail sentence of 120 days. KRS § 189A.010(5).
- Enhanced penalties for doing any of the following in addition to committing a violation: (1) driving in excess of 30 mph above the speed limit; (2) driving in the wrong direction on a limited access highway; or (3) causing an accident resulting in death or serious physical injury.
Child endangerment
- There are enhanced criminal penalties if the offender commits a violation in a motor vehicle that is transporting a passenger under the age of 12 years old. KRS § 189A.010(12).
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
