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Commercial License and DUI in Kentucky

Anyone driving a commercial motor vehicle in the state may not operate or be in physical control that motor vehicle with any detectable amount of alcohol in his/her system. One who is caught operating or in physical control of a commercial motor vehicle with alcohol in his/her system or anyone who refuses a chemical test shall have his/her commercial license placed out of service for a period of twenty-four hours. While, in general, the BAC legal limit to be considered DUI is 0.08 when operating or when in physical control of a commercial motor vehicle the BAC limit for DUI is 0.04. Therefore, anyone driving a commercial motor vehicle with a blood alcohol concentration at or above 0.04 shall be guilty of DUI. When one is found to be driving under the influence in a commercial motor vehicle with a commercial driver’s license he/she shall have his/her commercial driver’s license disqualified.

Further, when one is found to have been operating a commercial motor vehicle with a BAC between 0.04 and 0.08 shall be fined no less than twenty dollars, but not more than fifty dollars. If someone is found to be driving a commercial motor vehicle with a BAC above 0.08 shall be fined as anyone else convicted of a DUI.  A first offender is fined anywhere between two-hundred and five-hundred dollars. The fine amount for a second offense within five years of any previous offense shall be no less than three-hundred fifty dollars and no more than five-hundred dollars. And the third offense within five years carries a minimum fine of five-hundred dollars and a maximum fine of one-thousand dollars.  Further, all other penalties applicable to tradition DUI will apply when one has been found to have a BAC of 0.08 or more while operating or in actual control of a commercial motor vehicle.

Everyone operating a commercial motor vehicle in the state of Kentucky shall be deemed to have consented to any chemical test to determine the alcohol concentration in one’s system. These tests consist of blood, breath or urine; although, blood or breath shall be tested first leaving urine as a last resort. Test shall be administered at the order of a law enforcement officer having stopped one who was operating a commercial motor vehicle for suspected DUI.


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