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Kentucky

Felony DUI

Fourth offense

DUID Zero Tolerance and Per Se Laws

Zero tolerance for some drugs

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Ten years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative and criminal penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

No ALS/ALR law

Sobriety Checkpoints

Permitted

Habitual Offender Designation

No Habitual Offender Law

Drug Evaluation and Classification Program

51-100 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

No Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Non-psychoactive Medical Cannabis (i.e., Cannabidiol - CBD)

DUID: Implied Consent Testing Methods

Blood and urine

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Drunk Driving Legislation

Lower BAC legislation

No legislation introduced

Low BAC

No low BAC provisions

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Alcohol-impaired Driving Legislation

Ignition Interlocks

Discretionary

Electronic Warrants (E-warrants) Authorization

Legislation

Top Detected Drug Category by State (2019)

Stimulants

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Lacks authorization

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

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.

Blood

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.

Urine

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.

Oral Fluids

No
Statute does not mention oral fluids specifically

Other

No
Statute does not mention oral fluids specifically

DUI Statutes

Drugs

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…

Combined/Multiple Substance

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…

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

189A.105 - Learn More
189A.010 - Learn More
Immediate license suspension. DUI convictions involving refusals carry twice the normal minimum mandatory jail time.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

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.

Criminal Trial

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.

ALR Laws

Cannabis

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…

Length/Time of Restriction

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

Hardship License Available

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.

Random Drug Testing or Ignition Interlock Requirements

Cannabis

189A.340 - Learn More
Interlocks required for all offenders, regardless of substance

Other Drugs

189A.340 - Learn More
Interlocks required for all offenders, regardless of substance

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

189A.010(1)(f) - Learn More
Under 21 law applies only to alcohol.

Cannabis Per Se Statute

No statute

Threshold

n/a

Nanogram Limit

n/a

DUI Standards

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

Provisions for Screening Cannabis/Assessment/Education/Treatment

189A.040 - Learn More
Substance abuse education or treatment program required for all DUI offenses but not specific to cannabis.

Additional Penalties

No additional penalties for cannabis, but required duration varies depending on number of offenses.

Cannabis Impaired Driving Penalties

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

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

189A.010 - Learn More
Yes, defined as being under the combined influence of alcohol and any other substance which impairs one's driving ability

Penalties for Multiple Substance/Multiple Substance Impaired Driving

No

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

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.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No Data Available

Roadside - Not Evidential

No Data Available

Evidential

No Data Available

Roadside and Evidential

No Data Available

Minimum Legal Age for Cannabis Consumption

None

Underage Cannabis Laws and Penalties

Underage Possession

No Data Available

Underage Consumption

No Data Available

Underage Purchase

No Data Available

Underage Attempt to Purchase

No Data Available

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

None

Other

None

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No

Drugs

No

Penalties for Retailers Who Knowingly Sell to People Under 21

218A.1401 - Learn More
There are no retail sales in Kentucky. However, penalties are increased for selling to a minor.

Other

No Data Available