Is a DUI a felony in Kentucky?
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On a fourth inside ten years. The fourth offense within ten years is a Class D felony, and the statute fixes a floor of 120 days that no court may suspend, probate or conditionally discharge. With an aggravating circumstance the floor is 240 days. The third stays a misdemeanor — 30 days to twelve months, or 60 days if aggravated.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in KY — and the paperwork will use none of them. Kentucky charges it under a section number, and that is what decides the range below.
Grade. Class D felony
Confinement. Minimum 120 days that cannot be suspended
Fine. Set by the felony range
Kentucky Revised Statutes § 189A.010 · KRS § 189A.010(5)(c), (5)(d), (8)(b) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Any of six aggravating circumstances | The mandatory minimum doubles and cannot be suspended | The six are listed in the statute: more than 30 mph over the limit; driving the wrong way on a limited access highway; a crash causing death or serious physical injury; a reading of 0.15 or more taken within two hours; refusing the test, except on a first offense; and a passenger under twelve. Four days on a first, fourteen on a second, sixty on a third, 240 on a fourth. Kentucky Revised Statutes § 189A.010 · KRS § 189A.010(11) · checked 2026-09-04 |
The device is a separate track
Kentucky pays you in time for good behavior. Take the interlock license and stay violation-free for 90 consecutive days on a first offense, and your six-month suspension shrinks to four. Slip up and the counter restarts — but your suspension never runs longer than it would have without the device.
In Kentucky the interlock term runs 4–6 months and is administered by Kentucky Transportation Cabinet, which runs the interlock program directly — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: Kentucky Transportation Cabinet, which runs the interlock program directly
Kentucky DUI questions
Is a DUI a felony in Kentucky?
On a fourth inside ten years. The fourth offense within ten years is a Class D felony, and the statute fixes a floor of 120 days that no court may suspend, probate or conditionally discharge. With an aggravating circumstance the floor is 240 days. The third stays a misdemeanor — 30 days to twelve months, or 60 days if aggravated. Any of six aggravating circumstances: the mandatory minimum doubles and cannot be suspended.
What does a 3rd DUI in Kentucky carry?
Class D felony: minimum 120 days that cannot be suspended, and a fine of set by the felony range. The range is set by KRS § 189A.010(5)(c), (5)(d), (8)(b), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Kentucky?
Any of six aggravating circumstances — the mandatory minimum doubles and cannot be suspended.
Does an interlock come with it in Kentucky?
Kentucky pays you in time for good behavior. Take the interlock license and stay violation-free for 90 consecutive days on a first offense, and your six-month suspension shrinks to four. Slip up and the counter restarts — but your suspension never runs longer than it would have without the device. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Kentucky Transportation Cabinet, which runs the interlock program directly.
Other steps in Kentucky: first offense penalties and second offense penalties.
All Kentucky DUI rules →Penalties across the states →Kentucky DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.