Kentucky DUI Defense: Understanding KRS 189A.010

A DUI charge is one of the most common — and one of the most consequential — criminal charges in Kentucky. Even a first-offense DUI can mean jail time, a suspended license, fines, mandatory alcohol education, and a conviction that follows you for life.

What the Law Says: KRS 189A.010

Under KRS 189A.010, it is unlawful to operate or be in physical control of a motor vehicle with a BAC of 0.08 or greater (0.04 for commercial drivers, 0.02 for under 21), while under the influence of alcohol or any controlled substance, or while under the combined influence of alcohol and any other substance.

Penalties Under KRS 189A

First Offense: Class B misdemeanor. 48 hours to 30 days jail, $200-$500 fines, 30-120 day license suspension, mandatory alcohol education.

Second Offense (within 10 years): 7 days to 6 months jail, $350-$500 fines, 18-month license suspension.

Third Offense: 30 days to 12 months jail, $500-$1,000 fines, 36-month license suspension.

Fourth or Subsequent: Class D felony — 1 to 5 years in prison.

Possible Defenses

Challenging the Traffic Stop: Police must have reasonable articulable suspicion to pull you over.

Challenging Field Sobriety Tests: Medical conditions, nervousness, and uneven surfaces can affect results.

Challenging the Breathalyzer: Calibration records and proper procedures must be followed.

Rising BAC Defense: Your BAC at the time of driving may have been lower than when tested.

Contact Clark + Harris

Attorney Derrick Harris has obtained acquittals and favorable amendments in dozens of DUI cases.

Call 859-474-0001 for a free consultation.

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: