It is illegal to operate a vehicle while the presence of the below listed controlled substances are detected in your blood. All Schedule I Controlled Substances are included, except marijuana. This is a, “drug” per se law without an impairment level. In other words, if your blood has any detectable quantity of cocaine, methadone or hydrocodone, you are guilty of a DUI. No level of the particular drug is needed to convict you. You could do cocaine on Monday and get a DUI/cocaine for driving on the following Thursday. A single use of hydrocodone could remain in your blood for days and thus, feasibly result in multiple DUI’s even though the body impairment effect is non-existent. Also, some of the prohibited controlled substances listed in Kentucky law are not impairing substances.
PROHIBITED CONTROLLED SUBSTANCES
(All Schedule I, expect Marijuana)
Diazepam Alprazolam Promethazine
Hydrocodone Amphetamine Propoxphene
Medrobamate Buprenorphine Zolpidem
DUI FIRST OFFENSE
Fine: $200.00 to $500.00
Jail: 48 hours to 30 days
License suspension: 30 days to 120 days
AGR: 4 days MMJ
Ignition Interlock Device: 6 months
DUI SECOND OFFENSE
Fine: $350.00 to $500.00
Jail: 7 days to 6 months
License suspension: 12 to 18 months
AGR: 14 days MMJ
Ignition Interlock Device: 12 months
DUI THIRD OFFENSE
Fine: $500.00 to $1,000.00
Jail: 30 days to 12 months or 24 to 36 months
AGR: 60 days
Ignition Interlock Device: 30 months
DUI FOURTH OFFENSE
Jail: 120 days
License suspension: 5 years
AGR: 240 days
-wrong way limited access highway
-BAC .15 or above
-Refusal or repeat DUI
-Kid under age 12
CAN I LOSE MY LICENSE FOR A DUI BEFORE I AM CONVICTED?
Yes! The trial court must at your first appearance (arraignment) suspend your Kentucky driver’s license if you have been charged with a DUI (KRS 189A.010) and:
1. You refused to take the breath, blood or urine tests.
2. You have a prior DUI conviction in the past 10 years.
3. You had your driver’s license suspended in the last 5 years for refusal to take a blood, breath or urine test.
4. You were in a motor vehicle accident that resulted in death or serious physical injury.
If your license is suspended for a DUI, you are eligible to get a restricted or Ignition Interlock license. You must waive your right to “challenge” the pretrial “refusal” or second offense suspension. In order to get an Ignition Interlock Device, Kentucky law requires you to show proof of auto insurance and to enroll in a DUI alcohol class. The court rarely asks to see insurance or AEP proof.
There is no such thing as a DUI per se marijuana case. Kentucky’s DUI/Drug sets out 16 drugs which are part of the DUI per se drug law. The list is actually more than 16 drugs because “any Schedule I controlled substance is included.” However, marijuana is specifically excluded even though marijuana is a Schedule I drug.
You can be arrested and prosecuted for a DUI marijuana under KRS 189A.010(c), which criminalizes operating a vehicle while under the influence of any other substance or combination of substances which impair one’s driving ability.
If you have a prescription for any of the listed drugs, you cannot be prosecuted under the per se statute. You can be prosecuted under KRS 189A.010(1)(c) or (e).
In a per se drug case, the prosecutor must show that your blood has a detectable amount of the prohibited drug in it. It is not sufficient for the prosecutor to show that your blood has a metabolite of the prohibited drug.