Understanding Kentucky’s
DUI Laws

In the state of Kentucky, there are two main ways a driver can be pulled over and charged with driving under the influence (DUI). They are:

DUI Per Se

Section 189A.010(1)(a) of the Kentucky Revised Statutes explains that a person can be charged with a DUI if they are found to be operating a motor vehicle with a blood alcohol content (BAC) that is above the legal limit. For most adults, the legal limit in the state of Kentucky is 0.08. For drivers under the age of 21, the limit is reduced to 0.02. To determine a driver’s BAC, police officers in Kentucky generally use a breathalyzer. However, they may also use a blood test.

Opinion DUI

Section 189A.010(1)(b) of the Kentucky Revised Statutes states that a driver may be charged with a DUI if a police officer believes that they are under the influence of alcohol or another controlled substance. In determining whether or not they believe a suspect is intoxicated, officers may observe the suspect’s behavior and performance in field sobriety tests. A failed blood or breathalyzer test is not necessary to charge a driver with a DUI of this nature.

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