Driving Under the Influence (DUI)

If you have been charged with Driving Under the Influence (DUI, also sometimes called DWI or OUI), it is important to contact John right away. While it is a common charge, it can impact your entire life. 

Kentucky Revised Statute § 189A.010 outlines the ways in which a person may be charged with DUI:


  1. Having a Blood Alcohol Concentration (BAC) of .08% or higher (if over 21);
  2. Impaired by alcohol;
  3. Under the influence of any other substance or combination of susbtances which impairs driving ability;
  4. Under the influence of a controlled substance;
  5. Under the influence of alcohol and any other substance that impairs driving ability;
  6. Having a BAC of .02% or higher (if under the age of 21).

Additionally, if a person has a commercial driver’s license (CDL), they may be charged with DUI if their BAC is .04% or higher while driving a commercial motor vehicle. Importantly, this law only applies when a person is operating a commercial motor vehicle, not when they are driving their own vehicle.

Controlled Substances

Controlled substances as it relates to this law includes:

  • Any schedule I controlled substance except marijuana;
  • Alprazolam;
  • Amphetamine;
  • Buprenorphine;
  • Butalbital;
  • Carisoprodol;
  • Cocaine;
  • Diazepam;
  • Hydrocodone;
  • Meprobamate;
  • Methadone;
  • Methamphetamine;
  • Oxycodone;
  • Promethazine;
  • Propoxyphene; and
  • Zolpidem.

DUI Penalties

  • 1st Offense Within a 10 Year Period
    • Fines between $200-$300 plus court costs and fees
    • 2 days to 30 days in jail
    • Alcohol Driver Education Classes (20 weeks)
    • 6 month license suspension
    • If aggravated, then a mandatory minimum of 4 days in jail.
    • Interlock Ignition Device
  • 2nd Offense Within a 10 Year Period
    • Fines between $350 and $500 plus court costs and fees
    • 7 days up to 6 months in jail
    • Alcohol Driver Education Classes for 1 year (52 weeks)
    • 18 months license suspension 
    • If aggravated, then a mandatory minimum of 7 days in jail.
    • Interlock Ignition Device
  • 3rd Offense Within a 10 Year Period
    • Fines between $500 and $100 plus court costs and fees
    • Jail sentence – 1 month to 12 months (60 day minimum)
    • Alcohol Driver Education Classes for 1 year (52 weeks)
    • 36-month license suspension
    • If aggravated, then a mandatory jail sentence
    • Interlock Ignition Device
  • 4th Offense Within a 10 Year Period
    • A minimum fine of $1500 and up to $10,000
    • Jail sentence – 1 to 5 years (at least 120 days must be served)
    • Alcohol Driver Education Classes for 1 year (52 weeks)
    • 60 months (5 year) license suspension
    • If aggravated, then at least 240 days must be served in jail.  
    • Interlock Ignition Device

Contact John right away if you’ve been charged with a DUI. He can help you understand these charges, but most importantly identify possible defenses such as:


  • DUI Suppression Issues
  • DUI Jurisdictional Issues
  • Potential medical defenses
  • Refusal and the penalties associated

KIIP - Kentucky Interlock Ignition Program

If you must serve a license suspension, we can help you obtain and navigate Kentucky’s Interlock Ignition Program (KIIP), previously called Ignition Interlock Device or Ignition Interlock License (IID/IIL). 

Interlock Ignition Program Overview

1.  The Court suspends your license and reports the suspension to the Kentucky Transportation Cabinet (KYTC).

2.  We submit a KIIP application along with supporting documents.

3.  The KYTC emails you an Approval Letter.

4.  Once you have an Approval Letter, you'll need to get the device installed from a certified Ignition Interlock Provider:

5.  After you get the device put on your car, you will get a Certificate of Installation which you will need to obtain a new driver’s license, which has your new restriction on it.