DUI 1st

Kentucky DUI 1st offense penalties are governed by Kentucky Revised Statute (KRS) 189A.10.

Under KRS 189A.10, if you are convicted of DUI 1st offense you must serve jail time OR pay a fine.  There is MANDATORY minimum jail sentence of four (4) days if you are convicted of a DUI 1st offense with an aggravating circumstance.  You will also be responsible for a mandatory DUI Service Fee and possibly court costs and other fees.  You will have to undergo an alcohol/drug assessment and a subsequent 90 day treatment program. You will be responsible for the cost of the assessment and the treatment program.  Your license will also be suspended for a minimum of 30 days.


The fine for a DUI 1st offense is between $200 – $500. There is a mandatory DUI service fee of $350. Court costs and other fees may also be assessed by the Court. Court costs are almost always imposed.


The Court must impose a fine OR jail time for a DUI 1st Offense.  The Court may impose a sentence of not less than 48 hours and not more than 30 days in the county jail.  If convicted of a DUI 1st Offense with and Aggravating Circumstance the Court MUST impose a jail sentence for a minimum of four (4) days. First time offenders are exempt from aggravated penalties for failing to take blood, breath or urine tests.


Drivers over the age of 21 convicted of DUI 1st Offense will receive a license suspension between 30 and 120 days.  No matter the suspension time, the offender must complete alcohol and/or drug treatment before having their license reinstated, even if their suspension has expired. After 3o days, the Court may consider a hardship license, but no hardship license is available for the first 30 days of any suspension period. No hardship license is available if the offender refused to take a breath, urine, blood or any other test requested by law enforcement.


All persons convicted of DUI 1st offense must complete an alcohol/drug assessment and undergo a 90 day treatment program.  The offender is responsible for the cost of the assessment and treatment program in addition to their fines, court costs and fees.  The treatment program must be approved by the Court.  The District Court Clerk has a list of approved treatment programs. Out of state programs must be approved by the Cabinet for Human Resources.


In lieu of a fine or jail time, an offender may request the Court to enter them into a community labor program. The Court may impose community service for not less than 48 hours and not more than 30 days.

If you are charged with a DUI in Fayette (Lexington), Clark (Winchester), Madison (Richmond), Woodford (Versailles) or Jessamine (Nicholasville) or any other county surrounding Lexington, please feel free to give us a call!

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