KRS 189A.040: Penalties for Driving Under the Influence

What Is KRS 189A.040?

KRS 189A.040 sets out the specific penalties for DUI convictions in Kentucky. While KRS 189A.010 defines the crime, 189A.040 lays out exactly what happens to you upon conviction. People in Lexington and Louisville facing DUI charges need to understand these penalties.

First-Offense DUI Penalties

48 hours to 30 days in jail (or community labor)
$200 to $500 fine plus court costs
30 to 120 day license suspension
90-day mandatory alcohol or substance abuse education
Service fee of $375

Second-Offense DUI (Within 10 Years)

7 days to 6 months in jail
$350 to $500 fine
12 to 18 month license suspension
1-year mandatory treatment program
Community service requirements

Third-Offense DUI

30 days to 12 months in jail
$500 to $1,000 fine
24 to 36 month license suspension
Mandatory treatment

Fourth-Offense DUI (Felony)

1 to 5 years in prison (Class D felony)
$1,000 to $10,000 fine
60-month license suspension

Aggravators That Double Penalties

BAC of 0.15 or higher
Test refusal
Speeding 30+ mph over limit
Wrong way driving
Causing injury
Passenger under 12

Don’t Plead Without Calling Us

DUI penalties are mandatory minimums set by statute. Avoiding conviction is the only way to avoid them. Call Clark + Harris at 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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