KRS 189A.010: Kentucky’s DUI Statute Explained
If you have been charged with driving under the influence in Kentucky, you may have encountered a statute number that appears repeatedly in your paperwork: KRS 189A.010. This is Kentucky’s primary DUI statute. It explains what conduct can constitute DUI, establishes certain rules concerning alcohol and controlled substances, and sets out penalties for convictions.
Understanding the statute can help you understand what you are facing, but the outcome of a DUI case depends on the specific facts and evidence involved.
What Does KRS 189A.010 Prohibit?
Under KRS 189A.010, it is unlawful to operate or be in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, or another substance that impairs driving ability. The statute also establishes a per se alcohol-concentration offense for drivers with an alcohol concentration of 0.08 or more. For drivers under 21, a separate threshold of 0.02 or more applies.
A DUI charge does not necessarily involve alcohol. Kentucky law also addresses driving under the influence of drugs or other substances that can impair a person’s ability to drive.
Kentucky’s DUI law was amended in 2026 to specifically address several controlled substances, including clonazepam, cyclobenzaprine, and fentanyl. The amendments took effect July 15, 2026.
What Are the Penalties for a Kentucky DUI?
The consequences of a DUI conviction depend in part on whether it is a first, second, third, or subsequent offense within the applicable statutory period. Penalties can include fines, incarceration, community labor, substance-abuse treatment or education, and driver’s license consequences.
For example, a first DUI offense generally carries a fine of $200 to $500 and may involve imprisonment or community labor. Penalties increase for subsequent offenses. Under the current statute, a fourth or subsequent DUI offense within the applicable ten-year period is a Class D felony.
Certain circumstances can also result in enhanced penalties. KRS 189A.010 identifies aggravating circumstances that can increase mandatory minimum periods of incarceration.
Because prior offenses can affect the classification and potential sentence for a new DUI, it is important to determine exactly which prior convictions may count under Kentucky law.
What About a DUI Involving Prescription Medication?
A prescription does not necessarily prevent a person from being charged with DUI. Kentucky’s statute addresses substances that can impair a person’s driving ability, and the current law specifically identifies certain controlled substances.
The circumstances surrounding the medication, the evidence concerning the person’s condition, and the applicable statutory provisions can all matter. A positive test result alone does not necessarily answer every legal question in a DUI case.
What Happens After a DUI Arrest?
A DUI arrest can lead to both criminal and driver’s license consequences. Kentucky law separately addresses driver’s license revocation following a DUI conviction, with the period depending on the number of qualifying offenses.
Chemical testing can also become an important part of a case. Recent changes to Kentucky law address what happens when a person refuses certain blood or breath testing and what law enforcement must tell a person before requesting a test. These rules changed in 2026, so older information about Kentucky DUI test refusals may no longer accurately describe the current law.
Talk to a Kentucky DUI Lawyer
A DUI charge can have consequences that extend beyond the criminal case, including potential effects on your driving privileges, employment, finances, and future opportunities.
If you have been charged under KRS 189A.010, the facts of your arrest and the evidence against you deserve careful review. Hoffman Walker & Knauf can help you understand the allegations, evaluate your legal options, and determine how Kentucky’s DUI laws may apply to your situation. Contact us to discuss your case.
