(A) No person shall operate a motor vehicle anywhere in this state while under the influence of alcohol or any other substance which may impair one’s driving ability.
(B) Any person who violates the provisions of division (A) above shall:
(1) For the first offense, be guilty of a misdemeanor and fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500) or be imprisoned in the county jail for not less than forty-eight hours (48) nor more than thirty (30) days or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than two (2) days nor more than thirty (30) days in lieu of fine or imprisonment, or both, provided that his offense does not come within the purview of division (D) below.
(2) For the second offense within five (5) year period, be guilty of a misdemeanor and fined no less than three hundred fifty ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months.
(3) For a third or subsequent offense within a five (5) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than ten (10) days nor more than twelve (12) months.
(C) Minimum sentences of imprisonment or community labor under divisions (B)(2) and (3) above shall not be suspended, probated, or subject to conditional discharge or other form of early release.
(D) When sentencing persons convicted of violating division (B) (1) above at least one of the penalties shall be assessed and that penalty shall not be suspended, probated, or subject to conditional discharge or other form of early release. If a person other than the person convicted of violating this section dies or has suffered physical injury, as defined in § 130.02, as a result of the convicted person’s operation of a motor vehicle in violation of this section, the sentence shall include imprisonment as specified in division (B) (1) and that portion of the sentence shall not be suspended, probated, or subject to conditional discharge or other form of early release.
Statutory reference:
Driving under the influence of alcohol or drugs, see KRS 189A.010