KRS 189A.090: Operating Vehicle on DUI-Suspended License

What Is KRS 189A.090?

KRS 189A.090 makes it a separate criminal offense to operate a motor vehicle in Kentucky while your driver’s license is suspended due to a prior DUI conviction. This is a serious charge that often follows people who are still struggling with the consequences of an earlier DUI in Lexington, Louisville, or anywhere in Kentucky.

What the Statute Prohibits

KRS 189A.090 specifically targets driving during a DUI-related suspension. You can be charged under this statute if you operate a motor vehicle while your license is:

Suspended for a prior DUI conviction
Suspended for refusal of a chemical test
Suspended pending the outcome of a DUI case

Penalties Under KRS 189A.090

The penalties for driving on a DUI-suspended license escalate with each offense:

1st Offense: Class B misdemeanor — up to 90 days in jail, fines, and an additional license suspension
2nd Offense: Class A misdemeanor — up to 12 months in jail and additional fines
3rd or Subsequent Offense: Class D felony — 1 to 5 years in state prison

If you’re caught driving on a DUI suspension while also under the influence, you face an entirely new DUI charge in addition to the KRS 189A.090 charge.

Common Scenarios

Many people end up charged under this statute because they:

Need to drive to work and have no other transportation options
Believe their suspension has ended without verifying with the DOT
Drive in an emergency without realizing the consequences
Are pulled over for an unrelated traffic violation

Defenses to KRS 189A.090

An experienced criminal defense attorney can challenge a 189A.090 charge by:

Disputing whether the original suspension was properly imposed
Challenging the legality of the traffic stop
Examining whether proper notice of suspension was given
Negotiating for hardship driving privileges

Hardship Licenses and Ignition Interlock

Kentucky now offers ignition interlock and hardship licenses for many DUI offenders, allowing them to drive legally to work, school, and other approved destinations. If you’re facing a long DUI suspension, your Clark + Harris attorney can help you apply for these alternatives — keeping you legal and out of jail.

Clark + Harris Defends DUI-Related Charges

If you’ve been charged under KRS 189A.090 in Lexington, Louisville, or anywhere in Kentucky, call Clark + Harris at 859-474-0001. We answer 24/7 and have the experience to defend you and protect your future.

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

If this information applied to your situation, the following Clark + Harris guides may also be helpful: