DUI/DWI - Driving Under License Suspension In Kentucky
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Kentucky DUI - Penalties - Driving While License
Suspended
The State Statute States:
(189A.090) Operating motor vehicle while license is revoked or
suspended for driving under the influence is prohibited. Operating motor
vehicle without required ignition interlock device is prohibited.
Penalties
(1) No person shall operate or be in physical control of a motor vehicle
while his license is revoked or suspended under KRS 189A.010(6),
189A.070, 189A.107, 189A.200, or 189A.220, or operate or be in physical
control of a motor vehicle without a functioning ignition interlock device in
violation of KRS 189A.345(1).
(2) In addition to any other penalty imposed by the court, any person who
violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B
misdemeanor and have his license revoked by the court for six (6)
months, unless at the time of the offense the person was also operating
or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class A misdemeanor and have his license revoked by the court for a
period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class
A misdemeanor and have his license revoked by the court for one (1)
year, unless at the time of the offense the person was also operating or
in physical control of a motor vehicle in violation of KRS 189A.010(1)(a),
(b), (c), or (d), in which event he shall be guilty of a Class D felony and
have his license revoked by the court for a period of two (2) years;
(c) For a third or subsequent offense within a five (5) year period, be
guilty of a Class D felony and have his license revoked by the court for
two (2) years, unless at the time of the offense the person was also
operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class D felony and have his license revoked by the court for a period of
five (5) years.
(3) The five (5) year period under this section shall be measured in the
same manner as in KRS 189A.070.
(4) After one (1) year of the period of revocation provided for in
subsection (2)(b) or (c) of this section has elapsed, a person whose
license has been revoked pursuant to either of those subsections may
move the court to have an ignition interlock device installed for the
remaining portion of the period of revocation. The court may, upon a
written finding in the record for good cause shown, order an ignition
interlock device installed if the following conditions are satisfied:
(a) The person shall not operate a motor vehicle or motorcycle without
an ignition interlock device as provided for in KRS 189A.340(2);
(b) The person shall not operate a motor vehicle or motorcycle at any
other time and for any other purposes than those specified by the court;
and
(c) The ignition interlock device shall be installed on the motor vehicle or
motorcycle for a period of time not less than the period of revocation
required for the person under subsection (2)(b) or (c) of this section.
(5) Upon a finding of a violation of any of the conditions specified in
subsection (4) of this section or of the order permitting the installation of
an ignition interlock device in lieu of the remaining period of revocation
that is issued pursuant thereto, the court shall dissolve such an order
and the person shall receive no credit toward the remaining period of
revocation required under subsection (2)(b) or (c) of this section.
Please Note: State statutes and laws are from time to time changed.
Please contact the state department or a lawyer for the most up to date
information.
Suspended
The State Statute States:
(189A.090) Operating motor vehicle while license is revoked or
suspended for driving under the influence is prohibited. Operating motor
vehicle without required ignition interlock device is prohibited.
Penalties
(1) No person shall operate or be in physical control of a motor vehicle
while his license is revoked or suspended under KRS 189A.010(6),
189A.070, 189A.107, 189A.200, or 189A.220, or operate or be in physical
control of a motor vehicle without a functioning ignition interlock device in
violation of KRS 189A.345(1).
(2) In addition to any other penalty imposed by the court, any person who
violates subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B
misdemeanor and have his license revoked by the court for six (6)
months, unless at the time of the offense the person was also operating
or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class A misdemeanor and have his license revoked by the court for a
period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class
A misdemeanor and have his license revoked by the court for one (1)
year, unless at the time of the offense the person was also operating or
in physical control of a motor vehicle in violation of KRS 189A.010(1)(a),
(b), (c), or (d), in which event he shall be guilty of a Class D felony and
have his license revoked by the court for a period of two (2) years;
(c) For a third or subsequent offense within a five (5) year period, be
guilty of a Class D felony and have his license revoked by the court for
two (2) years, unless at the time of the offense the person was also
operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), or (d), in which event he shall be guilty of a
Class D felony and have his license revoked by the court for a period of
five (5) years.
(3) The five (5) year period under this section shall be measured in the
same manner as in KRS 189A.070.
(4) After one (1) year of the period of revocation provided for in
subsection (2)(b) or (c) of this section has elapsed, a person whose
license has been revoked pursuant to either of those subsections may
move the court to have an ignition interlock device installed for the
remaining portion of the period of revocation. The court may, upon a
written finding in the record for good cause shown, order an ignition
interlock device installed if the following conditions are satisfied:
(a) The person shall not operate a motor vehicle or motorcycle without
an ignition interlock device as provided for in KRS 189A.340(2);
(b) The person shall not operate a motor vehicle or motorcycle at any
other time and for any other purposes than those specified by the court;
and
(c) The ignition interlock device shall be installed on the motor vehicle or
motorcycle for a period of time not less than the period of revocation
required for the person under subsection (2)(b) or (c) of this section.
(5) Upon a finding of a violation of any of the conditions specified in
subsection (4) of this section or of the order permitting the installation of
an ignition interlock device in lieu of the remaining period of revocation
that is issued pursuant thereto, the court shall dissolve such an order
and the person shall receive no credit toward the remaining period of
revocation required under subsection (2)(b) or (c) of this section.
Please Note: State statutes and laws are from time to time changed.
Please contact the state department or a lawyer for the most up to date
information.
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