• The Warren County Attorney’s Office has a duty to prosecute all first, second and third offense Driving Under the Influence charges in Warren County.
  • A person’s driving may be impaired by alcohol, drugs (including illegal and legal drugs and prescription medications), or a combination of both.
  • DUI penalties are enhanced within a ten-year period, which means the more DUIs a person receives over a ten-year period, the harsher the penalties the person receives upon conviction.
    • FIRST OFFENSE WITHIN 10 YEARS:
      • Penalties – $200 to $500 fine and/or 48 hours to 30 days jail. Community labor of 48 hours to 30 days may be substituted for fine or jail. If aggravating circumstance present at commission of offense, there is a mandatory four (4) days imprisonment.
      • Cost and fees – Court costs, DUI service fee, Treatment program fee, County fees, State fees.
      • Alcohol or Substance Abuse Treatment Program – 90 days
      • License Suspension – For a period no longer than 6 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under 189A.010(1)(c) or (d). License plate impoundment if ignition interlock license or hardship license is not issued.
    • SECOND OFFENSE WITHIN 10 YEARS:
      • Penalties – $350 to $500 fine and 7 days to 6 months jail and the court may order 10 days to 6 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstance present mandatory minimum term of imprisonment shall be 14 days.
      • Costs and Fees – Court costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
      • Alcohol and Substance Abuse Treatment Program – 1 year
      • License Suspension – For a period no longer than 18 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under 189A.010(1)(c) or (d). License plate impoundment if ignition interlock license or hardship license is not issued.
    • THIRD OFFENSE WITHIN 10 YEARS:
      • Penalties – $500 to $1000 fine and 30 days to 12 months jail and Court may order 10 days to 12 months community labor. Must serve minimum of jail and/or community labor. If aggravating circumstances present, mandatory minimum term of imprisonment shall be 60 days.
      • Costs and Fees – Court Costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees.
      • Alcohol and Substance Abuse Treatment Program – 1 year
      • License Suspension – For a period no longer than 36 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under 189A.010(1)(c) or (d). License plate impoundment if ignition interlock license or hardship license is not issued.
    • FOURTH OR SUBSEQUENT OFFENSE WITHIN 10 YEARS:
      • Penalties – 1 to 5 years (Class D Felony). Must serve 120 days. If aggravating circumstance, mandatory minimum term of imprisonment shall be 240 days.
      • Costs and Fees – Court costs, DUI Service Fee, Treatment Program Fee, County Fees, State Fees
      • Alcohol and Substance Abuse Treatment Program – 1 year
      • License Suspension – For a period no longer than 60 months (or if Defendant is under 18, until Defendant reaches age 18, whichever is longer). Shall be eligible to apply for an ignition interlock license and may be eligible to apply for a hardship license if violation was under 189A.010(1)(c) or (d). License plate impoundment if ignition interlock license or hardship license is not issued.
    • THE AGGRAVATING CIRCUMSTANCES REFERRED TO ABOVE ARE AS FOLLOWS:
      • Operating motor vehicle in excess of 30 miles per hour above the speed limit.
      • Operating motor vehicle in wrong direction on limited access highway.
      • Operating motor vehicle that causes accident resulting in death or serious physical injury.
      • Operating motor vehicle while alcohol concentration in operator’s blood or breath is 0.15 or more as measured by test(s) of a sample of the operator’s blood or breath taken within 2 hours of cessation of operation of motor vehicle.
      • Refusing to submit to any test(s) [blood, breath or urine] requested by officer having reasonable grounds to believe person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1), except for first offense under KRS 189.010(5)(a).
      • Operating motor vehicle that is transporting a passenger under 12 years of age.
  • Any person convicted of DUI will be required to attend and complete an alcohol and drug education program. In addition, many persons convicted of DUI in Warren County will be required to attend a Victim Impact Panel where presenters explain the devastating effects that DUI-related accidents can have on a friend or loved one’s life.
  • If a person charged with DUI is under the age of 21 and his/her breath alcohol test registers between .02 and .079, penalties are as follows: $100-$500 fine or 20 hours of community service in lieu of the fine, requirement to attend a zero tolerance alcohol education program, and a maximum of a six month license suspension (or if the defendant is under 18, until defendant reaches age 18, whichever is longer). The defendant shall be eligible to apply for an ignition interlock device.