Kentucky Revised Statute 189A.040(5) requires all Driving Under the Influence (DUI) services to be received in an alcohol or substance abuse education or treatment program or facility that is licensed, regulated, and monitored by the Cabinet for Health and Family Services. Therefore, Kentucky will not accept online DUI course completions.
The DUI Program is responsible for monitoring and regulating the statewide network of DUI programs that are licensed and certified to provide alcohol and other drug assessments, education, and treatment services to persons convicted of DUI.
Pathways is licensed to offer services for those who have been convicted of DUI. A DUI assessment can only be conducted in per- son, will cost $100, and is not billable to any insurance or Medicaid (fee must be paid prior to assessment). The assessment includes:
1. Administration of the Kentucky DUI Assessment Instrument; 2. A private face-to-face clinical interview conducted by a certified DUI assessor, using the assessor’s own clinical interview with the findings of the interview recorded on the checklist provided in the Kentucky DUI Assessment Instrument;
3. Consideration of referral options and the client’s resources that are documented in the Kentucky DUI Assessment Instrument;
4. A determination of the severity of the client’s problem; and
5. Referral to a program of the client’s choice that offers a service at the level of care appropriate to the severity of the client’s problem.
For an actual chart displaying this information go to: https://dbhdid.ky.gov/dpi/dui-penalties.aspx
OFFENSE PENALTIES AND REQUIREMENTS
First offense within a 10-year period: $200 to $500 fine; 2 to 30 days in jail; up to 90 days in an alcohol or substance abuse educa- tion or treatment program and the program shall provide an assessment of the individual’s alcohol or other substance abuse problems at the start of the program; 30- to 120-day license sus- pension; possible 48 hours to 30 days of community labor; and $250 service fee. If aggravating circumstances are present, 4 days imprisonment.
Second offense within a 10-year period: $350 to $500 fine; 10 days to 6 months of community labor; 7 days to 6 months in jail; 1 year of alcohol or substance abuse treatment and the program shall provide an assessment of the individual’s alcohol or other substance abuse problems at the start of the program; 12- to 18-month license suspension; and $250 service fee. If aggravating circumstances are present, 14 days of imprisonment.
Third offense within a 10-year period: $500 to $1,000 fine; 30 days to 12 months in jail; 1 full year of alcohol or substance abuse treatment and the program shall provide an assessment of the individual’s alcohol or other substance abuse problems at the start of the program; 24 to 36 month license suspension; and $250 service fee. If aggravating circumstances are present, 60 days of imprisonment.
Fourth and subsequent offenses within a 10-year period, Class D Felony: Minimum term of 120 days’ imprisonment without probation; 60-month license suspension; 1 full year of alcohol or substance abuse treatment and the program shall provide an assessment of the; individual’s alcohol or other substance abuse problems at the start of the program; a $250 service fee. If aggravating circumstances are present, 240 days of imprisonment.
ELIGIBILITY:
Anyone over the age of 21 convicted of a DUI in the state of Kentucky or resides in the state of Kentucky and is convicted in another state.
The only programs in Kentucky certified to conduct DUI assessments and education in order to have driving privileges reinstated are listed via the below Provider Directory link.
https://providerdirectory.dbhdid.ky.gov/Provider Directory.aspx?ptc=DUI
ADDITIONAL INFORMATION:
(1) Out-of-state clients and program.
(a) A non-Kentucky licensee convicted of DUI in Kentucky may attend an out-of-state program without a referral. Notification to or approval by the division shall not be required. The client shall bear the burden of demonstrating to the satisfaction of the court and Kentucky Transportation Cabinet that the out-of-state program:
1. Is licensed or otherwise authorized to provide DUI services;
2. Complies at a minimum with the requirements of this administrative regulation; and 3. Satisfies the requirements of KRS Chapter 189A.
(b) If a client receives an assessment from the Kentucky Certified DUI Program and chooses education or treatment services in another state, the Kentucky Certified DUI Pro- gram shall:
1. Locate an out-of-state program;
2. Contact the out-of-state program to arrange the client’s enrollment.
MARCH 2024
Volume 49
FOR MORE INFORMATION:
Cassie Gore
606-326-2876
ext. 4568
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