March 19, 2025 | DUI Defense

Drunk Driving Laws In the US – DWI Basics Explained

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal offense in the United States. Laws against drunk driving are designed to protect drivers, passengers, and pedestrians. Kentucky, like other states, has its own set of DUI laws and penalties. Understanding these laws can help you avoid serious legal consequences and make informed decisions if you are charged with a DWI offense. 

The Difference Between DWI and DUI 

Different states use varying terms to define impaired driving offenses. The most common are:

  • DUI (driving under the influence): This term applies to impairment caused by alcohol, drugs (including prescription or over-the-counter medication), or a combination of substances.
  • DWI (driving while intoxicated or impaired): Some states differentiate DWI as a more serious charge compared to DUI, while others use them interchangeably.

DUI is the official term used in Kentucky when drivers are charged with driving under the influence of alcohol or drugs.

States sets the standard legal blood alcohol concentration (BAC) limit for drivers. Driving with a BAC over the legal limit can result in a DUI charge. Kentucky has a blood alcohol content (BAC) legal limit of 0.08 percent for drivers over 21 years old, with stricter limits applying to certain other groups, including:

  • Commercial drivers: The legal BAC limit is 0.04 percent. 
  • Drivers under 21: The legal BAC limit is 0.02 percent. 

Research has shown that drivers with a BAC of .08 are approximately 4 times more likely to crash than drivers with a BAC of zero. How fast a person’s BAC rises varies based on a

number of factors, including the number of drinks, how quickly they are consumed, and the person’s weight. 

DUI Penalties in Kentucky

Kentucky follows a tiered penalty system. This means the severity of penalties increases with repeat offenses. DUI offenses in Kentucky are taken seriously, and potential DUI penalties include fines, jail time, and license suspension. 

A first-time DUI offense in Kentucky may leave you facing:

  • Fines of $200 to $500
  • Jail time of 2 to 30 days
  • License suspension for 30 to 120 days
  • Mandatory alcohol or substance abuse treatment for 90 days
  • Possible community service for up to 30 days

Repeated offenses come with increasingly severe penalties. A fourth or subsequent DUI offense carries the strictest penalties, including:

  • Fines of $1,000 to $10,000
  • Prison time of 1 to 5 years
  • License revocation for 60 months
  • Permanent criminal record

Driving under the influence (DUI) is a serious offense, and in Kentucky, certain factors can escalate the severity of this crime. These are known as aggravating factors. They include:

  • Driving over 30 mph above the speed limit
  • Driving the wrong way on a highway
  • Causing a serious injury or fatal accident
  • Driving with a passenger under 12 years old
  • Having a BAC of 0.15 percent or higher
  • Refusing a chemical test of your breath, blood, or urine
  • These circumstances can double jail time and extend other penalties.

You should speak with a Louisville DUI lawyer if you have been charged with driving under the influence, especially if an aggravating factor is involved.

Drivers in Kentucky automatically agree to submit to a chemical test of their BAC using their breath, blood, or urine if law enforcement suspects DUI under Kentucky’s implied consent law. There are penalties if you are stopped and refuse a rest, including suspension or revocation of your license. Refusing a test does not prevent a DUI charge and may result in harsher penalties in court. Your refusal may also be used against you as evidence. 

Defenses Against a DUI Charge in Kentucky

A criminal defense lawyer can explore various DUI defenses that may allow you to beat your charges. Common defenses include:

  • Challenging the traffic stop: Evidence may be dismissed if law enforcement did not have reasonable suspicion to stop you.
  • Questioning breathalyzer accuracy: Breathalyzers require regular calibration and maintenance, and errors may lead to false readings.
  • Medical conditions or diet: Certain medical conditions or diets can affect BAC results.
  • Violation of legal rights: Your case against a DUI charge may be stronger if law enforcement did not follow proper procedures.

A Louisville criminal defense attorney can evaluate your case to determine which defenses may be the strongest.

Have You Been Charged With DWI? Contact a Louisville DWI Lawyer Today

Drunk driving laws in the U.S. and Kentucky impose strict penalties on those convicted of DUI offenses. While these laws aim to protect the public, individuals charged with DUI still have legal rights and potential defenses. If you are facing a DUI charge in Kentucky, consulting an experienced criminal defense lawyer can help you navigate the legal process and work toward the best possible outcome.

Contact the Louisville Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today

For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.

Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
United States