Kentucky (KY) - State Requirements for Ignition Interlock Devices
The Kentucky Ignition Interlock Program
In Kentucky, the legal blood alcohol content limit is .08 percent, and drivers found to be at or above that limit may be penalized. Penalties include license suspension, even for first-time offenders. However, Kentucky does allow some offenders to regain driving privileges if they install an ignition interlock device.
Kentucky has recently changed the way they hand out license suspensions. As of July 1, 2020, the Kentucky Transportation Cabinet hands down a static suspension period based on the offense. After serving a specified portion of the suspension period, offenders can apply for an ignition interlock license. If approved, they will be able to drive as long as they install an IID.
What Happens if I Get a DUI in Kentucky?
Kentucky penalties increase depending on the number of previous offenses within the past 10 years. This means that a second or third offense within a 10-year period will likely result in a longer suspension period and other harsher penalties for the offender.
First DUI Offense
- Six-month license suspension, can be reduced to four months if offender goes 90 days with no violations and enrolls in the Kentucky IID program
- 90 days in an alcohol or substance abuse treatment program
- 48 hours to 30 days in jail
- $200-$500 in fines
Second DUI Offense
- 18-month license suspension, can be reduced to 12 months if offender goes 120 days with no violations and enrolls in the Kentucky IID program
- 12 months in an alcohol or substance abuse treatment program
- Seven days to six months in jail
- $350-$500 in fines
Third DUI Offense
- 36-month license suspension, can be reduced to 18 months if offender goes 120 days with no violations and enrolls in the Kentucky IID program
- 12 months in an alcohol or substance abuse treatment program
- 30 days to 12 months in jail
- $500-$1,000 in fines
It is important to note that the legal BAC threshold for Commercial Driver's License (CDL) holders is .04 percent, half of the legal BAC limit of .08 percent for regular drivers. CDL holders convicted of DUI while driving any vehicle will have their license suspended for one year. After the suspension period, the driver may be able to regain their CDL by paying a reinstatement fee, passing the written and vision tests, and getting a CDL permit. They must hold the CDL permit for 14 days and pass any required skills tests before they can get their CDL license back.
What Happens if I Fail to Complete or Refuse to Submit to a DUI Test in Kentucky?
Refusing to take a test in Kentucky does not mean you will get away without penalties. If anyone refuses a test when stopped on suspicion of DUI, their license will be suspended for the same length of time dictated by the statute. Thus, first offenders will have their license suspended for six months and so on.
How Do I Regain Driving Privileges in Kentucky?
The Kentucky Transportation Cabinet (KYTC) oversees the Kentucky Ignition Interlock Program. In order to have their suspension period reduced, offenders must have zero violations. The following incidents are considered violations.
- Failing to take any randomly requested BrAC test (any digital images will be reviewed, and if the image confirms the driver was not present then the violation will not be counted)
- Failing to pass a random retest with a BrAC of .02 percent or lower (if a second test is performed within 10 minutes and the results show a BrAC < .02, the violation will not be counted)
- Failing to appear at the IID service center when required for calibration, repair, maintenance, monitoring, inspection, or replacement
- Failing to pay any fees required by statute
- Tampering with their IID
- Attempting to dodge or hide identity from the camera when giving a breath sample
If these conditions are met, offenders may be eligible to have their suspension reduced. In order to obtain an IID license, offenders must:
- Complete the Ignition Interlock application form
- Show proof of a valid Kentucky vehicle registration (or out of state registration if the offender is out of state)
- If the driver is not listed on the registration, they must provide a notarized letter from the owner
- Pay a $40 Reinstatement fee
- If approved, drivers will receive a Letter of Approval, which must be taken to the state-approved interlock provider when it is time for installation
- The service center will give the driver a Certificate of Installation once the IID is installed, which the driver will take to the license issuing location as proof of installation
Once they’re able to drive, the KYTC will continue monitoring the offender until it is time for removal. They will mail a Letter of Removal, and the Service Center will provide a Certificate of Renewal once the device is properly removed.
The court may require additional criteria depending on the specifics of the incident.