Driving after a DUI in Kentucky: the Ignition Interlock License
In Kentucky, a first-offense DUI driver can apply for an Ignition Interlock License with no waiting period. The licensing agency issues it. An ignition interlock is required; DUI-program participation is not required.
Most states let a first-offense DUI driver back on the road before the suspension ends — under a restricted privilege that goes by a different name in almost every state, that usually starts only after a set number of days with no driving at all, and that comes with its own conditions. The rules below are the ones the Kentucky Transportation Cabinet, Division of Driver Licensing state, each quoted from the source.
Also called: Kentucky Ignition Interlock Program (KIIP); ignition interlock license (KRS 189A.340); restricted license (KYTC DUI page); Hardship license (KRS 189A.410; court-granted, only for suspensions under KRS 189A.010(1)(c) or (d)).
The first days: the administrative suspension and the hearing deadline
In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.
| Deadline to request the hearing | not stated |
|---|---|
| Temporary driving permit after arrest | not stated |
Kentucky has no administrative (agency) suspension or hearing after a DUI arrest. The only pre-conviction suspension is the court's pretrial suspension under KRS 189A.200(1), imposed at arraignment for a refusal, a prior offense or refusal suspension within ten years, or an accident causing death or serious physical injury; a first offender who submitted to testing is not suspended before conviction. KRS 189A.200(2) allows a person suspended pretrial to file a motion for judicial review, which the court must conduct within 30 days after the motion is filed, and requires the court to advise the defendant of the right to review at the time of suspension; no filing deadline is stated. The license must be surrendered to the court and pretrial suspension time is credited against the KRS 189A.070 suspension.
“Persons whose licenses have been suspended pursuant to this section may file a motion for judicial review of the suspension, and the court shall conduct the review in accordance with this chapter within thirty (30) days after the filing of the motion.”
Who can get it, and how soon
| After a first DUI | Available after a first DUI |
|---|---|
| Days before eligible — test failure | no waiting period |
| Days before eligible — test refusal | no waiting period |
| Issued by | The licensing agency |
KRS 189A.340(1)(a) states that when a license is suspended under KRS Chapter 189A for a violation of KRS 189A.010(1)(a), (b), (e) or (f), the sole license the person is eligible for is an ignition interlock license; a person suspended for a violation of (1)(c) or (d) is eligible for an ignition interlock license and may be eligible for a hardship license under KRS 189A.410. KYTC states eligibility is based on the five-year driver history and that the program is available to DUI offenders who meet program requirements; a person who refused testing is not eligible for a hardship license (KRS 189A.410(3)) but a court may require a refuser suspended pretrial to apply for an ignition interlock license (KRS 189A.200(3)(a)).
“If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole license the person shall be eligible for is an ignition interlock license pursuant to this section.”
Kentucky has no administrative per se suspension: KRS 189A.200(1) requires the court to suspend the license at arraignment only for a person who refused the test, has a prior offense or refusal suspension within ten years, or was in an accident causing death or serious physical injury, so a first offender who took the test keeps the license until conviction. On conviction the Transportation Cabinet suspends the license under KRS 189A.070 (six months for a first offense, reducible to four months with an ignition interlock license and 90 violation-free days), and KRS 189A.340(2)(a) provides that a person may apply for an ignition interlock license anytime, including after receiving the KRS 189A.105 notices or after the license has been suspended. For a first refusal, the pretrial suspension under KRS 189A.200(1)(a) is imposed at arraignment and the court may require the person to apply for
“A person may apply for an ignition interlock license anytime, including after receiving the notices under KRS 189A.105 or after his or her license has been suspended pursuant to this chapter.”
Conditions attached to the privilege
| Ignition interlock | Required — Kentucky interlock rule |
|---|---|
| SR-22 / financial-responsibility filing | Pending verification — details |
| DUI program / education | Not required |
| Fee for the privilege | $40 reinstatement fee (payable when the restricted license i |
| Full reinstatement later | fee $40; SR-22 No — reinstatement steps |
KRS 189A.340(3): before the Transportation Cabinet issues an ignition interlock license the person must submit an application, provide proof of motor vehicle insurance, provide an ignition interlock certificate of installation from a provider, and provide any other information required by regulation. KYTC's DUI page lists: wait for KYTC to receive the court action; submit Ignition Interlock Application TC 94-175 (Rev. 03/2025) with proof of valid vehicle registration (owner permission on page two if not in the driver's name) and a proof of insurance card, by email to [email protected], through a verified myDrive account, or at a Driver Licensing Regional Office; a $40 reinstatement fee payable at a Driver Licensing Regional Office when the restricted license is issued; an approval letter; installation by a Kentucky-approved vendor, in Kentucky unless preauthorized. Within 14 days of the approv
“$40 reinstatement fee, payable at a Driver Licensing Regional Office when you are ready to be issued the restricted license.”
Where and when it allows driving
Any driving, restricted to operating only a motor vehicle or motorcycle equipped with a functioning ignition interlock device (KRS 189A.340(4)); KYTC states the holder is only authorized to drive a vehicle with an ignition interlock device installed and only the primary vehicle must have a device. An employer exemption (KRS 189A.340(6), KYTC form TC 94-190) allows driving an employer's vehicle without a device in the course and scope of employment if the business is not owned or controlled by the person, with a sworn employer statement; days using the exemption earn no day-for-day credit. No purpose, hour, or geographic limits are stated.
“An ignition interlock license shall restrict the person to operating only a motor vehicle or motorcycle equipped with a functioning ignition interlock device, unless the person qualifies for an employer exemption under subsection (6) of this section.”
How it is issued
The licensing agency issues the Ignition Interlock License.
Official page: drive.ky.gov
The statute: KRS 189A.340
“Before the Transportation Cabinet shall issue an ignition interlock license, the person shall: (a) Submit an application for an ignition interlock license; (b) Provide proof of motor vehicle insurance; (c) Provide an ignition interlock certificate of installation”
Questions about driving after a DUI in Kentucky
- Is a Kentucky driver's license suspended before a first DUI conviction?
- Not for a first offender who took the test. KRS 189A.200(1) requires the court to suspend the license at arraignment only for a person who refused the alcohol or substance test, has a prior offense or refusal suspension within ten years, or was in an accident causing death or serious physical injury. Under KRS 189A.070 the Transportation Cabinet suspends the license upon conviction, six months for a first offense.
- How does the Kentucky Ignition Interlock License shorten a first-offense suspension?
- KYTC's DUI page states a first offense carries a 6-month suspension, reducible to 4 months with 90 days of violation-free KIIP participation. KRS 189A.340(5) credits time holding a valid ignition interlock license day-for-day toward the suspension, and KRS 189A.340(2)(a) allows applying anytime, including after the suspension begins. The application is TC 94-175 with proof of registration, insurance and a $40 reinstatement fee.
- Can a Kentucky driver who refused the test get a hardship license?
- No. KRS 189A.410(3) states the court shall not issue a hardship license to a person who refused an alcohol concentration or substance test, and 601 KAR 12:060 says a hardship license may not issue sooner than the minimum court-imposed suspension. For a refusal, KRS 189A.200(3)(a) allows the court to require the person to apply for an ignition interlock license under KRS 189A.340 for the pretrial suspension period.
Sources
- KRS 189A.340 – Ignition interlock licenses; apply anytime; issuance requirements; restriction and employer exemption; provider fee caps (Kentucky LRC)
- KRS 189A.200 – Pretrial suspension for refusal, repeat offense or serious injury; motion for judicial review; credit for pretrial suspension (Kentucky LRC)
- KRS 189A.107 – License suspension for refusal; court may authorize ignition interlock license application (Kentucky LRC)
- KRS 189A.410 – Hardship license; prohibition when test refused (Kentucky LRC)
- KRS 189A.070 – License suspension periods; reduction with ignition interlock license (Kentucky LRC)
- 601 KAR 12:060 – Hardship driver's license (issuance, timing, $5 fee) (Kentucky LRC)
- KYTC DRIVE – DUI Penalties and Programs (suspension table, KIIP application steps, TC 94-175, $40 fee, eligibility FAQ)
- Kentucky Revised Statutes – Chapter 189A section index (Kentucky LRC)