New DUI Laws in KY 2026: What Actually Changed

As of September 10, 2026, Kentucky's most recent enacted DUI changes are in Senate Bill 66 (2026 Acts Chapter 193), effective July 15, 2026. They focus on controlled-substance offenses and test-refusal procedures. The six-month first-offense suspension, 90-day ignition-interlock route to a possible four-month suspension, and $425 service fee are still current, but they came from the 2019 legislation known as Senate Bill 85, effective July 1, 2020, not from a new 2026 SB 85.

This is general process information, not legal advice. The result in a particular case can depend on the charge, test involved, prior convictions, license type, and county practice.

What Senate Bill 66 Changed in 2026

Senate Bill 66 became law in 2026 and amended KRS 189A.010, 189A.100, 189A.105, and 186.018. The changes most relevant to a DUI case are:

• Controlled-substance list: The list used for the blood-detection offense now includes clonazepam, cyclobenzaprine, and fentanyl.
• Preliminary breath tests: Refusing a preliminary breath test cannot be used against a person in court or an administrative proceeding, and cannot cause a court suspension at arraignment. The person must be told this before the preliminary test.
• Breath and blood refusals: A breath-test refusal may still be used as evidence and can result in a pretrial suspension. A blood-test refusal cannot be used as evidence of violating KRS 189A.010, but can still result in a suspension. If the required information is not given before a breath or blood test, the current statute limits use of the refusal and the arraignment suspension.
• Driving-history records: The Transportation Cabinet must generally destroy moving-traffic-conviction records more than 10 years old, but must keep them indefinitely for anyone who now holds, has applied for, or has ever held a commercial driver's license or permit. This record-retention rule is separate from the DUI offense lookback.

These changes did not replace the existing first-offense suspension or fee framework described below.

The Existing Senate Bill 85 Framework

Senate Bill 85 was enacted in 2019 and took effect for these provisions on July 1, 2020. It amended the DUI suspension, ignition-interlock, and service-fee rules that remain in force in 2026.

First-Offense Suspension Is Generally Six Months

For a first offense within a ten-year period, the Kentucky Transportation Cabinet's current DUI table lists a six-month license suspension for a driver who does not use an ignition interlock device. This is an administrative consequence following court action, not a new 2026 rule.

An eligible driver with an ignition interlock license may qualify for a four-month suspension after meeting the 90-consecutive-day requirement within the first four months of the license. Eligibility and the dates that count depend on the driver's record and case.

The Kentucky Ignition Interlock Program

The Kentucky Ignition Interlock Program (KIIP) is a compliance-based route to a possible shorter suspension; it is not an unrestricted license. KYTC requires an application, proof of vehicle registration and insurance, an approved installation, and issuance of the restricted license.

Under KRS 189A.340, the 14-day period printed on a KIIP approval letter authorizes driving only to an approved interlock provider and to the Transportation Cabinet to obtain the restricted license, and only while carrying the letter. A valid ignition interlock license generally restricts driving to a vehicle equipped with a functioning device, subject to the statutory employer exemption. KYTC says first-offense KIIP credit begins when the restricted license is issued, and the possible reduction requires 90 consecutive violation-free days within the applicable period.

Hardship-license rules are different and narrower. Under KRS 189A.410, hardship privileges are limited to specified drug- or controlled-substance-related categories and are unavailable to a person who refused a chemical test. Do not assume that a KIIP license, a hardship license, and full reinstatement have the same restrictions.

The DUI Service Fee Is $425

KRS 189A.050 currently requires a person convicted under the listed DUI provisions to pay a $425 service fee in addition to other penalties. Senate Bill 85 raised the fee from $375 to $425 and directed part of the revenue to the ignition-interlock administration fund. The statute also makes the fee subject to the payment and remedy provisions in KRS 534.020 and 534.060.

The $425 figure is the current statutory amount as of 2026; local court costs, treatment charges, and provider fees are separate.

What Did Not Change

Several baseline rules remain in place:

The adult per se threshold remains 0.08%. KRS 189A.010(1)(a) prohibits operating with an alcohol concentration of 0.08 or more, while separate provisions cover impairment, controlled substances, commercial drivers, and drivers under 21. The under-21 provision uses 0.02 or more.

The DUI classification period remains ten years. KRS 189A.010(10) measures it from the dates of the offenses for which judgments of conviction were entered. An arrest by itself is not the same as a qualifying prior conviction, so do not calculate status from an arrest date alone.

First-offense aggravating circumstances still matter. A BAC of 0.15% or higher, excessive speeding (more than 30 mph over), wrong-way driving on a limited-access highway, causing death or serious physical injury, or transporting a child under 12 can trigger a four-day mandatory minimum term of imprisonment. Although the statute lists breath-test refusal among its aggravating circumstances, it expressly says refusal is not an aggravating circumstance for a first offense. Senate Bill 66 also removed blood-test refusal as an aggravating circumstance.

Do not assume statewide DUI diversion. The Behavioral Health Conditional Dismissal Program excludes DUI offenses. Any local program or prosecutorial policy can have its own eligibility rules and deadlines, so county practice should be verified rather than treated as a statewide entitlement.

Implied Consent and Refusal After Senate Bill 66

Kentucky's implied consent law (KRS 189A.103) still addresses breath, blood, and urine testing when an officer has reasonable grounds. The 2026 rules distinguish between the type of test:

• A preliminary breath-test refusal cannot be used against the person in court or an administrative proceeding and cannot cause a court suspension at arraignment.
• A breath-test refusal may be used as evidence and can result in a pretrial suspension at arraignment.
• A blood-test refusal cannot be used as evidence of violating KRS 189A.010, but can still result in a suspension at arraignment.

If the required information was not provided before a breath or blood test, the current statute changes how the refusal may be used and whether the arraignment suspension may be imposed. KRS 189A.200 allows a person with a pretrial suspension to file a motion for judicial review; the court must conduct the review within 30 days after the motion is filed. A live refusal case is fact-specific and may require legal advice.

What This Means Practically

For a first-offense conviction, the current baseline is a six-month KYTC suspension without an ignition interlock device. An eligible driver may be able to reduce that period to four months by using KIIP and completing 90 consecutive violation-free days, along with the other required conditions. The path is administrative and does not decide the criminal case.

There is no reliable single statewide total for a first-offense case. The $425 statutory service fee is separate from the $200–$500 statutory fine, court costs, treatment or assessment charges, license costs, and interlock-provider fees. KYTC says provider fees may include installation, monthly monitoring or calibration, and removal; confirm current amounts with the relevant court, agency, or provider.

If you are working through a first-offense case and need the full step-by-step breakdown — court process, administrative requirements, reinstatement timeline, and complete cost schedule — the Kentucky First-Offense DUI Guide covers every phase from arrest through getting your license back.

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