Common Myths About DUI in Kentucky Debunked

Facing DUI charges can have a huge impact on your life, which is why it’s critical to understand what steps to take to protect yourself if you’ve been charged. Fortunately, you don’t have to do everything on your own. In fact, it’s highly recommended to hire a DUI lawyer to help you understand your charges and what to expect. It’s also helpful to have some common myths about DUI in Kentucky debunked.

Myth 1: It’s Illegal to Refuse a Breathalyzer Test in Kentucky

While it’s not recommended, you technically can refuse to take a breathalyzer test. That said, you may face harsher penalties and have your license suspended immediately. You can opt to have a blood test taken in place of a breathalyzer as long as you submit a chemical test. On the other hand, you can refuse field sobriety tests without immediate punishment.

Myth 2: You Have to Go to Jail if You Get a DUI in Kentucky

It’s true that DUI convictions come with mandatory minimum sentences, which suggests that offenders must spend time in jail. However, it’s possible to work around these sentences as long as there are no aggravating circumstances involved with the charges.

This is more likely for you to accomplish with a DUI attorney on your side. Your attorney can negotiate deals on your behalf to help you avoid jail time. In some cases, you may be able to be put on probation instead.

Myth 3: DUI and DWI Are Different Charges in Kentucky

Kentucky imposes strict laws regarding driving under the influence (DUI) and driving while intoxicated (DWI). DUI refers to driving under the influence of drugs or alcohol, while DWI specifically pertains to alcohol.

While the two terms are technically different, they are used interchangeably under Kentucky law and are, therefore, charged the same. Some states differentiate between the two, but Kentucky does not, which is important to understand if you find yourself facing these charges.

Myth 4: You Have to Face the Charge on Your Own

Getting a DUI can leave you feeling stressed and overwhelmed. You may feel embarrassed and isolated, too. It’s important to remember that you don’t have to face the charge on your own. Our job at Michael J. Thompson, Attorney at Law, is to help guide you through your case and reach the most favorable outcome possible.

Our founding attorney is a member of the American Bar Association, Kentucky Bar Association, and Tennessee Bar Association, giving him the skills he needs to help with any legal case. He’s also a former member of the U.S. Military, so you can count on our firm to be well-versed in military legal matters as well.

A Glimpse at the Impact of DUI in Kentucky

Before getting into some of the common misunderstandings about DUI in Kentucky, it’s helpful to have a better idea of how it affects the area. Alcohol-related fatalities on the road have been on the decline over the last few years in Kentucky.

There were 198 fatalities reported in 2020, another 190 in 2021, and 140 in 2022. So far in 2025, there have been 300 total fatalities reported on Kentucky roads, 42 of which involved drunk drivers.

Even when DUI doesn’t result in a fatality, it can change lives. In 2024, there were a total of 19,241 cases filed in Kentucky involving a DUI charge. It’s important to understand what to do when you face these charges.

FAQs

Q: Can I Get a DUI Dismissed in Kentucky?

A: It’s possible to have a DUI dismissed in Kentucky, especially if it was your first offense and there were no aggravating factors. It’s wise to work with an attorney who can use their knowledge of Kentucky DUI laws to build you the strongest possible defense against your charges. Possible defenses could include challenging the validity of the arrest or the prosecution’s evidence, or proving that there were procedural errors.

Q: How Much Jail Time Can You Get for a First DUI Offense in Kentucky?

A: You can get anywhere from two to 30 days in jail for a first DUI offense in Kentucky. Facing DUI charges can be a big deal that affects the rest of your life, even if it’s only your first offense. DUIs come with mandatory minimum sentences despite a previous criminal record. That said, your DUI attorney can negotiate an alternative to jail time. It’s important to note that a jail sentence cannot be suspended or modified if there are aggravating circumstances.

Q: What Are Considered Aggravating Circumstances for a DUI in Kentucky?

A: Aggravating circumstances for a DUI in Kentucky include a BAC of 0.15 or more, driving 30 MPH or more over the speed limit, refusing to submit to testing, transferring minors under the age of 12 at the time of the DUI, driving the wrong way down the highway, or causing a crash that results in death or serious injury. DUIs with aggravating circumstances can result in higher fines and more serious penalties.

Q: What Is a False DUI in Kentucky?

A: A false DUI in Kentucky refers to a situation where a person is wrongfully accused of driving under the influence. This can sometimes happen if a driver is exhibiting erratic behavior and law enforcement fails to perform the proper sobriety tests to confirm their suspicions. In these cases, it can be possible to have your charges dropped so long as you can prove it’s a false DUI.

Hire a DUI Lawyer and Learn More About Kentucky DUI Laws Today

If you’re facing DUI charges in Kentucky, it’s important to take the right steps to protect your driving privileges and your future. The good news is you don’t have to do it on your own. Our legal team at the law office of Michael J. Thompson, Attorney at Law, has experience navigating all types of DUI cases.

We’re confident we can use what we know about Kentucky DUI laws to help with your case. If you’re ready to learn more about your options after a DUI, contact our team to set up an appointment with a local DUI attorney you can trust today. You can also visit our office at 15744 Fort Campbell Boulevard, Oak Grove, Kentucky.