State of Kentucky Legal Sanctions for Violations of a Controlled Substance/Alcohol
- A person shall not operate or be in physical control of a motor vehicle anywhere in this state:
- While the alcohol concentration in his blood or breath is 0.10 or more.
- While under the influence of alcohol;
- While under the influence of any other substance or combination of substances which impairs one's driving ability;
- While under the combined influence of alcohol and any other substance which impairs one's ability to drive; or
- While the alcohol concentration in his blood or breath is 0.02.
- For the first offense within a five (5) year period, you will be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days or both. If the person has a blood or breath alcohol concentration of 0.18 or higher, he or she shall be sentenced to at least seven (7) days' imprisonment, but the court may probate five (5) of those days. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both.
- For the second offense within a five (5) year period, you will be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community for not less than ten (10) days nor more than six (6) months.
- If the alcohol concentration is below 0.18, for the third offense within a five (5) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than ten (10) days nor more than twelve (12) months. If the alcohol concentration is 0.18 or above, he or she shall be guilty of a Class D felony.
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