How to Get Your License Back After a DUI in Kentucky

In Kentucky, a DUI or driving under the influence is a criminal offense where the offender is found to have operated a motor vehicle under the influence of alcohol or any substance that impairs a driver in any way. It should be noted that the person must be intoxicated beyond the state's legal limit. A person convicted of a DUI is at risk of losing their license under Kentucky DUI laws. Offenders may also have their license suspended by the Kentucky Department of Motor Vehicles, responsible for issuing, suspending, and revoking permits in Kentucky.

Step 1: Know the Terms of Your Suspension

If a person is convicted of a DUI in Kentucky, they may be subject to various penalties. One such penalty is a license suspension. How long a person's license will be suspended depends on whether the driver is a first-time, repeat, or habitual offender.

This table only applies to non-commercial drivers over the age of 21. A commercial driver who has been found guilty of committing a DUI will have their license suspended for a year. The offender must then pay a reinstatement fee of $50 and pass a written and vision test before they can start driving again with a permit. This permit is valid for 14 days, and after its expiration, the driver must pass all applicable exams before getting their commercial license.

Additionally, if a person refuses a breathalyser test, the court will suspend them for as long as they would have been if they were convicted.

Step 2: Fulfill Court and DMV Requirements

While the court and the Kentucky DMV can issue penalties for DUI violations, both entities work independently. The courts are primarily concerned with the criminal aspect of DUI violations. They issue criminal penalties such as jail time, community service and heavy fines. They may also subject an offender to a license suspension, separate from any suspension the DMV may issue.

On the other hand, the DMV is mainly an administrative body and does not look to impose criminal punishments. They give administrative punishments like imposing fines or mandating alcohol or substance abuse treatment programs. Also, if the DMV decides to conduct hearings, it will only be about the restriction on a driver's license, not criminal charges.

Parties should note that court decisions take precedence over the DMV's decisions. For example, if the court says a person is not guilty of DUI, the DMV may revoke a license suspension or revocation.

Step 3: Complete a DUI Education or Treatment Program

Anyone found guilty of a first offense DUI in Kentucky may be subject to the Kentucky Driving Under the Influence Program for 90 days. However, the program will last for at least a year for repeat offenders. The Driving Under the Influence (DUI) Program governs and oversees the statewide network of DUI programs that offer alcohol and other drug examinations, education, and treatment services to individuals convicted of DUI.

Depending on the assessment's recommendations, the program involves an initial assessment, weekly meetings, and potentially inpatient or residential services. Additionally, DUI training at state-approved programs costs between $100 and $300.

According to Kentucky Revised Statutes 189A.040(5), offenders must receive their alcohol or substance abuse education or treatment program at a facility that the Cabinet for Health and Family Services licenses, supervises and regulates. This means that the state will refuse DUI course completions. Parties should check the Provider Directory to find their county's licensed, state-certified DUI provider(s).

Parties participating in DUI classes must submit their applications through the Kentucky Online Gateway (KOG). All necessary documentation must be sent by the state deadline for your application to be reviewed. To see a list of dates, click the DUI Certification Training Dates link in the Related Links box. Individuals must pay before being allowed to attend the program.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 insurance is an insurance document (not a separate insurance policy) that a person attaches to their primary liability insurance. It shows that they have the minimum required liability insurance coverage. This document is usually obtained by drivers who have been deemed to be "high-risk" after a DUI conviction.

In Kentucky, individuals can regain their driving privileges without presenting an SR-22 proof of insurance. All drivers must, however, carry a minimum amount of liability insurance. If this coverage is not maintained, there may be a $500–$1,000 fine, up to 90 days in jail, or both. Drivers who must file an SR-22 in another state, however, ought to keep their SR-22 up to date by the regulations of that state. If a police officer stops you during a traffic stop or accident and you fail to maintain an SR-22 that you filed in another state, your driver's license in Kentucky may be suspended.

Clarify whether Kentucky requires it and under what conditions.

Step 5: Pay Reinstatement Fees

The Kentucky DMV allows DUI offenders to reinstate their license after being suspended. To see if you qualify for a reinstatement, check your license status and see if you meet the criteria for reinstatement. Individuals who have had their license suspended for a year or more must take an eye and a written test before they can process their reinstatement. People who have had theirs suspended for less than a year do not need to take this test.

The DMV requires those looking to reinstate their license to pay a $40 fee. This amount can be paid by certified check or money order payable to "Kentucky State Treasurer". Parties can also pay their fees online through a debit or credit card. You will need to input your contact information and driver's license number. The cost can also be paid in person at any Driver Licensing Regional Office. If you wish to pay the fee by mail, include your name, Driver's License number, and a certified check or money order made payable to the "Kentucky State Treasurer". Mail the payment to the information at:

Kentucky Transportation Cabinet
Division of Driver Licensing
Attn: Central Section
200 Mero Street
Frankfort, KY 40622

Step 6: Submit Your License Reinstatement Application

The Kentucky DMV provides an access portal for those who wish to submit their reinstatement application. Applicants must have their full name (as it appears on their driver's license), driver's license number and date of birth. They must use a valid Visa, MasterCard, Discover, or American Express to pay the $40 reinstatement fee. The portal will charge a small processing fee for online payments (1.5% for debit cards and 2.75% for credit cards).

However, the card will not be charged if the DMV does not approve the application. Applicants will not get a refund once they submit their reinstatement application. Additionally, they must order a duplicate license by mail or in person at a Driver Licensing Regional office.

What If You're Denied License Reinstatement in Kentucky?

Applicants can have their reinstatement application denied for many reasons. Reasons for denial may include:

1. Failure to pay outstanding fines or meet court obligations.
2. Owing at least 6 months of child support.
3. Committing DUI violations during your license suspension or revocation.
4. Missing certain documents in your reinstatement application.

However, rejected applicants can appeal a rejection of their license reinstatement. They must first understand the reason for the rejection before going ahead with an appeal. Once they do this, they should submit their appeal to the appropriate licensing board or the Transportation Cabinet. Parties can find the office of the Transportation Cabinet at:

Hardship Licenses: Driving with Limited Privileges

In Kentucky, a hardship license is a limited driving permit issued to an individual who has had their driver's license suspended or revoked, allowing them to drive under restricted conditions. This license allows the driver to operate a vehicle for limited hours and essential purposes, like attending a medical appointment.

Any person mandated by the court to obtain a hardship license must apply for the permit at the driver's licensing issuance office of the county's circuit court clerk in which they are residents. Additionally, a person cannot be issued a hardship license before the expiration of a minimum suspension imposed by a court.

How Long Does It Take to Get Your License Back After a DUI?

The duration of a license suspension in Kentucky after a DUI arrest varies depending on the circumstances surrounding the violation, including whether it was the driver's first, second, or subsequent offense, and whether the driver participates in the Kentucky Ignition Interlock Program (KIIP). A first-time offender faces a 6-month suspension, but if they enrol in KIIP and complete 90 days violation-free with an ignition interlock device, the suspension may be reduced to 4 months. A second-time offender receives an 18-month suspension, reduced to 12 months with 120 days of violation-free time in KIIP. A third offence carries a 36-month suspension (reducible to 18 months), and a fourth or subsequent offense results in a 60-month suspension (cut to 30 months with KIIP). Regardless of offense level, eligibility for a hardship license may be available during the suspension period, depending on the court's discretion. Reinstatement requires completing any court-ordered treatment (e.g., DUI program), paying a reinstatement fee (typically $40), and passing vision and written tests if the suspension lasted more than one year.