Fourth Offense
Zero tolerance for some drugs
No cannabis-specific drugged driving law
Enhanced penalties
0.18
Ten years
In compliance with Federal requirements
Good Samaritan law enacted
Administrative and criminal penalties
No 24/7 legislation
ALS/ALR law enacted
Permitted
Habitual Offender Law enacted
51-100 DREs
No DUI Courts
No Hybrid Courts
No cannabis open container law
Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)
Blood and urine
Affirmative defense
No Data Available
Not authorized to use e-warrants
No Data Available
No legislation introduced
No low BAC provisions
none
Discretionary
Legislation
Narcotics
Judicial license suspension/revocation
Distinctive License & No Seizure Law
Lacks authorization
Oral fluid testing authorized
189A.103 - Learn More
All vehicle operators have given implied consent to tests of blood, breath, and urine, or combination thereof, for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability, if an officer has reasonable grounds to believe that a violation has occurred.
189A.103 - Learn More
All vehicle operators have given implied consent to tests of blood, breath, and urine, or combination thereof, for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability, if an officer has reasonable grounds to believe that a violation has occurred.
189A.103 - Learn More
All vehicle operators have given implied consent to tests of blood, breath, and urine, or combination thereof, for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability, if an officer has reasonable grounds to believe that a violation has occurred.
No
Statute does not mention oral fluids specifically
No
Statute does not mention oral fluids specifically
189A.010 - Learn More
A person shall not operate or be in physical control of a motor vehicle anywhere in this state…While under the influence of any other substance or combination of substances which impairs one's driving ability; While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; While under the combined influence of alcohol and any other substance which impairs one's driving ability…
189A.010 - Learn More
A person shall not operate or be in physical control of a motor vehicle anywhere in this state…While under the influence of any other substance or combination of substances which impairs one's driving ability; While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; While under the combined influence of alcohol and any other substance which impairs one's driving ability…
189A.105 - Learn More
189A.010 - Learn More
Immediate license suspension. DUI convictions involving refusals carry twice the normal minimum mandatory jail time.
189A.105 - Learn More
The fact of this refusal may be used against him or her in court as evidence of violating KRS 189A.010.
189A.105 - Learn More
The fact of this refusal may be used against him or her in court as evidence of violating KRS 189A.010.
189A.070 - Learn More
Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the Transportation Cabinet shall suspend a person's license to operate a motor vehicle or motorcycle…
189A.070 - Learn More
First conviction: 4 to 6 months
Second conviction (w/in 10 years): 12 to 18 months
Third conviction (w/in 10 years): 18 to 36 months
Fourth and subsequent conviction (w/in 10 years): 30 to 60 months
189A.410 - Learn More
At any time during the suspension periods…the court may grant the person hardship driving privileges for the balance of the suspension period imposed by the Transportation Cabinet, if the court finds reasonable cause to believe that revocation would hinder the person's ability to continue his or her employment; continue attending school or an educational institution; obtain necessary medical care; attend driver improvement, alcohol, or substance abuse education programs; or attend court-ordered counseling or other programs.
189A.340 - Learn More
Interlocks required for all offenders, regardless of substance
189A.340 - Learn More
Interlocks required for all offenders, regardless of substance
Learn More
l
Kentucky DUI policy has a zero tolerance policy for cannabis
No statute
n/a
n/a
Driver must be under the influence of cannabis. Marijuana is exempted from the list of Schedule 1 controlled substances for which presence is prohibited. See 189A.010 - Learn More
189A.040 - Learn More
Substance abuse education or treatment program required for all DUI offenses but not specific to cannabis.
No additional penalties for cannabis, but required duration varies depending on number of offenses.
189A.010 - Learn More
First offense: $200-$500 fine; up to 30 days jail; 20 hours max. substance abuse program; 30-to-120-day license suspension; 6 months w/ interlock
Second offense (w/in 10 years): $350-$500 fine; 7 days to 6 months in jail; 52 hours to 26 weeks substance abuse treatment; 12–18-month license suspension; 12 months w/ interlock
Third offense (w/in 10 years): $500-$1,000 fine; 30 days to 1 year jail; 52 hours to 52 weeks substance abuse treatment; minimum 2-year license suspension; 30 months w/ interlock
Fourth offense (w/in 10 years): Class D felony to include 30 to 60 months w/ interlock
Yes
189A.010 - Learn More
Yes, defined as being under the combined influence of alcohol and any other substance which impairs one's driving ability
No
189A.010 - Learn More
Operating a motor vehicle that is transporting a passenger under the age of twelve 12 years old while impaired is considered an aggravating circumstance and subject to additional penalties.
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
No Data Available
None
No Data Available
No Data Available
No Data Available
No Data Available
None
None
No Data Available
No
No
218A.1401 - Learn More
There are no retail sales in Kentucky. However, penalties are increased for selling to a minor.
No Data Available