Kentucky
Kentucky Expungement Laws: KRS 431.073, 431.076, and 431.078 Explained
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
Kentucky law permits expungement of most Class D felony convictions under KRS 431.073, all qualifying misdemeanor and violation convictions under KRS 431.078, and all acquittals and dismissals with prejudice under KRS 431.076, giving eligible residents a formal path to a clear criminal record.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers expungement law in Kentucky only. Rules vary significantly by state. See the full guide to Expungement Laws by State for a national comparison.
Who Qualifies for Felony Expungement in Kentucky
Kentucky's felony expungement statute, KRS 431.073, was enacted through 2016 HB 40 (Acts ch. 094, signed April 12, 2016) and created the first pathway for Class D felony convictions to be cleared from a person's record. The version in force today is the one amended by 2023 Ky. Acts ch. 87, effective June 29, 2023, and the Legislative Research Commission publishes it with the notation (Effective until April 30, 2027). The eligibility rules below govern only until that date, so anyone reading this afterward should open the current statute before relying on them.
To qualify, the conviction must be a Class D felony that appears on the list of eligible offenses maintained by the Kentucky courts. The person must have completed the sentence, paid all fines and fees, and finished any probation or parole. No petition may be filed sooner than five years after whichever of those events occurred latest. At the time of filing, the person must have no pending misdemeanor or felony charges and no misdemeanor or felony convictions within the preceding five years.
Convictions permanently excluded from eligibility under KRS 431.073(1)(d) are DUI offenses under KRS 189A.010, felony assault of a family member or member of an unmarried couple under KRS 508.032, impersonating a peace officer under KRS 519.055, abuse of public office, sex offenses, offenses committed against a child, and any offense that resulted in serious bodily injury or death. Plain assault in the fourth degree is a different statute: KRS 508.030 makes it a Class A misdemeanor, it is not a felony at all, and it does not appear on the KRS 431.073 exclusion list. KRS 508.032 reaches fourth-degree assault only as a Class D felony enhancement for a third or subsequent offense against a family member or member of an unmarried couple within five years.
KRS 431.073 sets no cap on how many times a person may seek felony expungement. Under KRS 431.074(3), however, the Administrative Office of the Courts keeps an index of expungement orders, and a person preparing an eligibility certification may access a prior KRS 431.073 expungement and include information from it in that certification.
Acquittals, Dismissals, and the Automatic Expungement Rule
KRS 431.076 governs expungement of criminal charges that did not result in a conviction. This includes cases that ended in an acquittal, a dismissal with prejudice, or a felony charge that was referred to a grand jury but did not result in an indictment. Under 2020 HB 327 (Acts ch. 45, signed March 27, 2020, effective July 15, 2020), all acquittals and dismissals with prejudice entered on or after July 15, 2020, are automatically expunged 30 days after the final disposition of the case, and that order requires no action by the person. Traffic infractions not otherwise classified as misdemeanors are excluded from automatic expungement. The defendant has 30 days to object if they do not want automatic expungement to occur. For older acquittals and dismissals that predate July 15, 2020, a person may still file a petition for expungement under KRS 431.076(1)(b). There is no filing fee for expungement of charges that were not indicted (form AOC-497.2).
Automatic expungement under KRS 431.076(1)(a) reaches only acquittals and dismissals with prejudice. It does not reach a felony charge that was filed in District Court and never resulted in an indictment by the grand jury or an information filed by the Commonwealth's attorney. That situation falls under KRS 431.076(1)(c), which requires the person to petition the District Court where the charges were filed. Under KRS 431.076(2)(b) the petition may be filed no sooner than six months after the District Court decision to hold the matter to the grand jury. Under KRS 431.076(3)(b) the petition is served on the county and Commonwealth's attorneys, who have 90 days to respond, after which the court dismisses the charges without prejudice and orders the records expunged if no indictment has issued. A non-indicted felony charge does not clear itself, so a person in that position has to file.
Misdemeanor and Violation Expungement Under KRS 431.078
KRS 431.078 provides a path to expunge qualifying misdemeanor convictions, violations, and traffic infractions from a Kentucky criminal record, including charges that were dismissed or amended in the same criminal action. The five-year waiting period runs from the later of completion of the person's sentence or successful completion of probation.
Before ordering expungement, the court must make four findings under KRS 431.078(4): the offense was not a sex offense or an offense committed against a child; the person had no felony or misdemeanor conviction in the five years before the petition was filed; no felony or misdemeanor proceeding is pending or being instituted against the person; and the offense is not one subject to enhancement for a second or subsequent offense, or the time for that enhancement has expired. That last requirement is easy to overlook and it is a real bar.
The two pathways then differ in one important way. For a single misdemeanor, violation, or traffic infraction, or a series of them arising from a single incident, KRS 431.078(4) says the court shall order the records expunged once those findings are made. For a series that did not arise from a single incident, KRS 431.078(5) says the court may order expungement on the same findings, which makes that second pathway discretionary rather than mandatory. The petition is filed with the clerk of the court in which the conviction was entered, and the statutory filing fee is $100.
KRS 431.079(1) requires that every petition or application seeking expungement of a conviction include a certification of eligibility from the Department of Kentucky State Police and the Administrative Office of the Courts. That requirement is tied to convictions. It does not attach to a non-conviction expungement under KRS 431.076, so an acquittal, a dismissal, or a charge that was never indicted needs no eligibility certification. KRS 431.079(3) names KRS 431.073, 431.076, and 431.078 together only to define what the word expungement means. Neither section addresses juvenile adjudications. Kentucky juvenile-record expungement is governed by a separate chapter, KRS Chapter 610.
The Step-by-Step Expungement Process
The felony expungement process in Kentucky follows a specific sequence before a court can act. The first step is to obtain an expungement certification from the Administrative Office of the Courts (AOC). The certification confirms whether a record is potentially eligible. It can be requested online at KYCourts.net, in person at the AOC drive-thru at 1001 Vandalay Drive in Frankfort (Monday through Friday, 8 a.m. to 4 p.m. Eastern), or by mail using form RU-009. Once the certification packet is received, the petitioner files the Application to Vacate and Expunge Felony Conviction (form AOC-496.3) with the Circuit Court Clerk in the county where the conviction occurred. The $50 non-refundable filing fee is due at the time of filing. The clerk serves a notice of filing on the Commonwealth's attorney or county attorney that prosecuted the case. That office has 60 days to file a response. If the response states no objection, or if 120 days pass with no response from the prosecutor or the victim, KRS 431.073(6) allows the court to vacate the judgment without a hearing. If an objection is filed, a hearing is scheduled. Upon approval, the court enters an Order to Vacate and Expunge, and the AOC coordinates removal of the record from court systems and notifies the Kentucky State Police.
Fee History and Cost Breakdown
When Kentucky enacted felony expungement through 2016 HB 40, the original expungement fee was $500. Senate Floor Amendment 3 to HB 40, which would have reduced that fee to $250, was defeated before the bill was signed; HB 40 was enacted with the $500 fee intact. The fee was later reduced by 2019 SB 57 (Acts ch. 188, signed March 26, 2019, effective June 27, 2019), which split the charge into a $50 non-refundable filing fee due at the time of filing and a $250 expungement fee due only if the court grants the petition. Under the current fee structure, the felony expungement process involves two statutory charges. The Circuit Court Clerk collects a $50 non-refundable filing fee when the petition is submitted. If the court approves the expungement, a $250 expungement fee becomes due, and Kentucky law permits payment in installments under KRS 534.020. The total statutory cost confirmed by KRS 431.073 is $300. There is no filing fee for expungement of charges that were never indicted under KRS 431.076. For misdemeanor expungements under KRS 431.078, the filing fee is a statutory $100, though court costs may apply separately.
Legal Effect of a Kentucky Expungement
When a Kentucky court enters an Order to Vacate and Expunge under KRS 431.073, the conviction is vacated, any charges eligible for expungement are dismissed with prejudice, and the records are ordered expunged once the $250 expungement fee is paid in full. Records held by the court and by other agencies, including law enforcement, are deleted or removed from their computer systems so the matter does not appear on official state-performed background checks, and those agencies must reply to any inquiry that no record exists. Under KRS 431.073(7), the person does not have to disclose the record or any matter relating to it on an application for employment, credit, or any other type of application. If the person is not prohibited from voting for some other reason, the ability to vote is restored and the person may register.
KRS 431.073(8) sets limits on what the order means. Vacating a conviction does not extend or revive an expired statute of limitations, does not constitute a finding of legal error in the proceedings that led to the conviction, does not nullify any findings of fact or conclusions of law, and is not a finding of innocence.
The record is also not erased everywhere. KRS 431.073(4)(c) provides that an order of expungement does not preclude a prosecutor's office from retaining a nonpublic record for law enforcement purposes only. Under KRS 431.074(2), the AOC index of expungement orders stays accessible to persons preparing an eligibility certification under KRS 431.079 and to the Kentucky Law Enforcement Council for verifying qualifications under KRS 15.382.
Disclaimer: This article describes Kentucky expungement law as it existed and was verified on May 29, 2026. The version of KRS 431.073 in force is published with the notation (Effective until April 30, 2027), so the felony expungement rules described here govern only until that date and must be re-checked against the current statute afterward. Kentucky statutes can change through legislative sessions. Nothing in this article is legal advice. Individual eligibility depends on the specific facts of your case. Consult a licensed Kentucky attorney before filing any expungement petition.
Related Articles
- Expungement Laws by State - National overview of expungement eligibility across all 50 states
- DUI Expungement by State - Which states allow DUI convictions to be expunged and the rules that apply
- How to Check If Your Record Has Been Expunged - Steps to verify that an expungement was properly processed in court and law enforcement systems
RecordingLaw.com provides legal information, not legal advice. Laws change. Verify current statutes at apps.legislature.ky.gov and kycourts.gov before relying on any information here.
More Kentucky Laws
Frequently Asked Questions
How do you expunge your record in Kentucky?
To expunge a conviction in Kentucky, you must first obtain a certification of eligibility from the Department of Kentucky State Police and the Administrative Office of the Courts, as KRS 431.079(1) requires. After receiving the certification, you file the Application to Vacate and Expunge (form AOC-496.3) with the Circuit Court Clerk in the county of conviction and pay the $50 filing fee. The prosecutor has 60 days to respond. If the response states no objection, or if 120 days pass with no response, the court may vacate the judgment without a hearing.
What is Kentucky felony expungement and who qualifies?
Kentucky felony expungement under KRS 431.073 allows most Class D felony convictions to be vacated and removed from a person's record. You must wait five years after completing your sentence, fines, and probation or parole. You must have no pending charges and no convictions in the five years before filing. KRS 431.073(1)(d) excludes DUI under KRS 189A.010, felony assault of a family member or member of an unmarried couple under KRS 508.032, impersonating a peace officer under KRS 519.055, abuse of public office, sex offenses, offenses committed against a child, and any offense that caused serious bodily injury or death. Plain assault in the fourth degree under KRS 508.030 is a Class A misdemeanor and is not on that exclusion list.
What does KRS 431.073 cover?
KRS 431.073 is the Kentucky statute governing expungement of Class D felony convictions. It sets the five-year waiting period, lists excluded offenses, establishes the certification and petition process, specifies the $50 filing fee and $250 expungement fee, and defines the legal effect of a granted expungement. It was created in 2016 and last amended effective June 29, 2023. The version now in force is published with the notation (Effective until April 30, 2027), so check the current text after that date.
How much does Kentucky expungement cost?
For a felony expungement under KRS 431.073, the statutory cost is $300: a $50 non-refundable filing fee to the Circuit Court Clerk and a $250 expungement fee paid upon approval (installment payments are allowed). For expungement of acquittals and non-indicted charges under KRS 431.076, there is no filing fee. For misdemeanor expungements under KRS 431.078, the statutory filing fee is $100.
How long does it take to expunge a record in Kentucky?
After you file a felony application, the Commonwealth's attorney or county attorney has 60 days to file a response. If the response states no objection, or if 120 days pass with no response, the court can vacate the judgment without a hearing. If an objection is filed, a hearing is held, and KRS 431.073 requires it to occur no later than 120 days after the application was filed unless the court extends that time for good cause. Obtaining the AOC certification before filing can take additional time. Plan for the entire process to take three to five months.
Does Kentucky automatically expunge records?
Yes, but only for two dispositions. Under KRS 431.076(1)(a), as amended by 2020 HB 327, a case that ended in an acquittal or a dismissal with prejudice on or after July 15, 2020 is expunged automatically 30 days after the final disposition, with no action required from the person. Traffic infractions not classified as misdemeanors are excluded. Nothing else is automatic. A felony charge that never resulted in an indictment must be expunged by petition under KRS 431.076(1)(c), and felony and misdemeanor convictions always require a petition.
Can a DUI be expunged in Kentucky?
No. DUI convictions under KRS 189A.010 are expressly excluded from felony expungement under KRS 431.073. A DUI arrest that was dismissed or resulted in an acquittal may qualify for expungement under KRS 431.076, but a DUI conviction cannot be expunged in Kentucky.
What is the waiting period for misdemeanor expungement in Kentucky?
Under KRS 431.078, you must wait five years after completing your sentence or successfully completing probation, whichever is later, before filing a misdemeanor expungement petition. You must also have no pending charges and no convictions in the five years before the filing date, and the offense must not be one subject to enhancement for a second or subsequent offense unless the time for that enhancement has expired.
Updates
Corrected the automatic-expungement rule (a felony charge that was never indicted must be expunged by petition under KRS 431.076(1)(c), not automatically), removed a nonexistent bar on repeat felony petitions and two unsupported claims about the legal effect of an expungement, replaced the misnamed excluded offense with KRS 508.032, fixed which misdemeanor pathway is discretionary under KRS 431.078, limited the KRS 431.079 eligibility certification to conviction expungements, and flagged that the version of KRS 431.073 described here is effective only until April 30, 2027.
Fixed all three primary statute citations on this page (KRS 431.073, 431.076, and 431.078), which previously linked to an invalid-statute error page and two unrelated Kentucky statutes; they now point to the correct, current statute text.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected a self-contradiction: KRS 431.079 is the AOC/Kentucky State Police eligibility-certification requirement for adult conviction-expungement petitions under KRS 431.073/.076/.078, not a juvenile-adjudication statute. Kentucky juvenile-record expungement is governed by the separate KRS Chapter 610.
Governing law re-checked for recent changes
Corrected the felony expungement fee total to the $300 confirmed by KRS 431.073 (removing an unsupported $40 AOC certification charge) and added the statutory $100 misdemeanor filing fee from KRS 431.078 in place of language telling readers to confirm it locally.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 431: GENERAL PROVISIONS CONCERNING CRIMES AND PUNISHMENTS
§ 431.073Certain felony convictions may be vacated and the records expunged -- Application -- Hearing -- Vacating conviction without a hearing -- Order to vacate and expunge -- Application form -- Fees -- Retroactivity. (Effective until April 30, 2027)In forcecited in 4 of our articles
(1) Any person who has been: (a) Convicted of a Class D felony violation of KRS 17.175, 186.990, 194A.505, 194B.505, 217.181, 217.207, 217.208, 218A.140, 218A.1415, 218A.1416, 218A.1417, 218A.1418, 218A.1423, 218A.1439, 218A.282, 218A.284, 218A.286, 218A.320, 218A.322, 218A.324, 218A.500, 244.165, 286.11-057, 304.47-025, 324.990, 365.241, 434.155, 434.675, 434.850, 434.872, 511.040, 512.020, 514.030, 514.040, 514.050, 514.060, 514.065, 514.070, 514.080, 514.090, 514.100, 514.110, 514.120, 514.140, 514.150, 514.160, 516.030, 516.060, 516.090, 516.108, 517.120, 518.040, 522.040, 524.100, 525.113, 526.020, 526.030, 528.020, 528.040, 528.050, 530.010, or 530.050; (b) Convicted of a series of Class D felony violations of one (1) or more statutes enumerated in paragraph (a) of this subsection arising from a single incident; (c) Granted a full pardon; or (d) Convicted of a Class D felony, or an offense prior to January 1, 1975 which was punishable by not more than five (5) years' incarceration, which was not a violation of KRS 189A.010, 508.032, or 519.055, abuse of public office, a sex offense, or an offense committed against a child, and did not result in serious bodily injury or…
Official text (excerpt) · last checked 2026-09-01 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Kentucky courts have applied KRS 431.073 strictly. Com. of Ky. v. Ford (2018) held four forged checks passed on four days at three places were not a single incident, so the convictions could not be expunged. Southerland v. Commonwealth (2018) held a court has no authority to expunge an offense the statute does not list.
Opinions citing this section in our collection:
- Com. of Ky. v. Ford (Court of Appeals of Kentucky 2018, 543 S.W.3d 579)✓Ford cashed four forged checks on four days at three businesses over ten days, and the trial court expunged the convictions. The court held they did not arise from a "single incident" under KRS 431.073(1), so they were ineligible, and reversed.
- Southerland v. Commonwealth (Court of Appeals of Kentucky 2018, 565 S.W.3d 165)✓Southerland asked to expunge a 1994 drug trafficking conviction he conceded was not on the KRS 431.073(1) eligibility list, urging inherent judicial power instead. The court held the circuit court had no statutory authority, noting he had already had one felony expunged.
- G. M. W. v. Commonwealth of Kentucky (Court of Appeals of Kentucky 2026)✓After most charges from one 2013 incident were vacated under KRS 431.073, the petitioner used a civil rule to attack the misdemeanor left out. The court treated expungement as a statutory privilege and held no authority existed to reach an offense barred by KRS 431.078(4)(d).
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Background Check Laws (2026 Guide), Expungement Laws by State: How to Clear Your Record (2026), Kentucky Court Records: How to Search, What's Public, and How to Seal Them
§ 431.078Expungement of misdemeanor, violation, and traffic infraction records of convictions and dismissed or amended chargesIn forcecited in 3 of our articles
(1) Any person who has been convicted of: (a) A misdemeanor, a violation, or a traffic infraction not otherwise classified as a misdemeanor or violation, or a series of misdemeanors, violations, or traffic infractions arising from a single incident; or (b) A series of misdemeanors, violations, or traffic infractions not arising from a single incident; may petition the court in which he was convicted for expungement of his misdemeanor or violation record within that judicial district, including a record of any charges for misdemeanors, violations, or traffic infractions that were dismissed or amended in the criminal action. The person shall be informed of the right at the time of adjudication. (2) Except as provided in KRS 218A.275(8) and 218A.276(8), the petition shall be filed no sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation, whichever occurs later.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 17 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Flynt v. Commonwealth (Kentucky Supreme Court 2003, 105 S.W.3d 415)“…rial diversion is tantamount to the court’s authority under KRS 431.078 to expunge misdemeanor and violation co…”
- Commonwealth v. Holloway (Court of Appeals of Kentucky 2007, 225 S.W.3d 404)“…2005, Holloway filed a Petition for Expungement pursuant to KRS 431.078, which states in pertinent part:…”
- Harscher v. Commonwealth (Court of Appeals of Kentucky 2010, 327 S.W.3d 519)“…Harscher’s motion. In its order, the trial court noted that KRS 431.078 does not permit ex-pungement of felonie…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky DUI Laws: Penalties, BAC Limit & License (2026)
§ 431.076Expungement of criminal records for those acquitted of crimes, for whom charges have been dismissed but not in exchange for a guilty plea to another charge, or against whom charges have not resulted in an indictment or an information filed by the Commonwealth's attorney -- Effects of an order of expungement -- Expungement by court or upon petition of person charged -- Exception for records in the custody of the Department for Community Based ServicesIn forcecited in 3 of our articles
(1) (a) On or after July 15, 2020, if a court enters an order of acquittal of criminal charges against a person, or enters an order dismissing with prejudice all criminal charges in a case against a person and not in exchange for a guilty plea to another charge, the court shall order the record expunged upon the expiration of thirty (30) days, unless the person objects to the expungement. As used in this paragraph, "criminal charges" shall not include a traffic infraction not otherwise classified as a misdemeanor. The order expunging the records shall not require any action by the person. (b) A person who has been charged with a criminal offense and who has been acquitted of the charges, or against whom charges have been dismissed and not in exchange for a guilty plea to another charge, and whose records have not been expunged pursuant to paragraph (a) of this subsection, may petition the court in which the disposition of the charges was made to expunge all charges.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gibson v. Commonwealth (Kentucky Supreme Court 2009, 291 S.W.3d 686)“…appears to be some wiggle room for expungement, in spite of KRS 431.076. Commonwealth v. Holloway, 225 S.W.…”
- Commonwealth v. Holloway (Court of Appeals of Kentucky 2007, 225 S.W.3d 404)“…anors or violations. The Commonwealth also pointed out that KRS 431.076, which also concerns expungements, appl…”
- Harscher v. Commonwealth (Court of Appeals of Kentucky 2010, 327 S.W.3d 519)“…the trial court incorrectly applied KRS 431.078 instead of KRS 431.076 when it denied his motion to expunge. B…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 431.079Petition or application seeking expungement to include certification of eligibility for expungement from Department of Kentucky State Police and Administrative Office of the Courts -- Administrative regulations -- ConstructionIn force
(1) Every petition or application filed seeking expungement of a conviction shall include a certification of eligibility for expungement. The Department of Kentucky State Police and the Administrative Office of the Courts shall certify that the agencies have conducted a criminal background check on the petitioner and whether or not the petitioner is eligible to have the requested record expunged. The Department of Kentucky State Police shall promulgate administrative regulations to implement this section, in consultation with the Administrative Office of the Courts. (2) Nothing in this section shall be construed to prohibit the expungement of a case ordered by a court of competent jurisdiction. (3) For the purposes of this section, KRS 431.073, 431.076, and 431.078, "expungement" means the removal or deletion of records by the court and other agencies which prevents the matter from appearing on official state-performed background checks.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Southerland v. Commonwealth (Court of Appeals of Kentucky 2018, 565 S.W.3d 165)“…ication Notice" from the Kentucky State Police, required by KRS 431.079(1). Furthermore, KRS 431.073(4)(a) spec…”
- Jonathan Hardin v. louisville/jefferson County Metropolitan Government (Kentucky Supreme Court 2024)“…other type of application. KRS 431.076(6). Notably, KRS 431.079(3) defines “expungement” as “the remov…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 189A: DRIVING UNDER THE INFLUENCE
§ 189A.010Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating circumstancesIn forcecited in 2 of our articles
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this Commonwealth: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; (d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (e) While under the combined influence of alcohol and any other substance which impairs one's driving ability; or (f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty-one (21).
Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 245 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Love v. Commonwealth (2001) held urine and blood serum test results admissible to prove driving under the influence under KRS 189A.010(1)(b). Hudson v. Commonwealth (2006) held alcohol intoxication is not a lesser included offense of DUI, so no instruction on it was required.
Opinions citing this section in our collection:
- Love v. Commonwealth (Kentucky Supreme Court 2001, 55 S.W.3d 816)✓Love, drunk, sped into a highway crash scene and killed two people; the court held that urine and blood-serum results, though outside the statute's blood-or-breath definition of alcohol concentration, were admissible to prove driving under the influence under KRS 189A.010(1)(b).
- Hudson v. Commonwealth (Kentucky Supreme Court 2006, 202 S.W.3d 17)✓Hudson was found alone behind the wheel with the engine running and a 0.30 blood alcohol level; convicted of fourth-offense DUI, he sought a jury instruction on alcohol intoxication, but the court held that offense is not a lesser included offense of KRS 189A.010(1).
- Cook v. Commonwealth (Kentucky Supreme Court 2004, 129 S.W.3d 351)✓Cook, who had been drinking all day, lost control of his speeding Corvette and killed a woman in her own yard; the court applied KRS 189A.010 as the predicate charge, holding a judge could issue a warrant for his blood under KRS 189A.105(2)(b) because a death resulted.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Kentucky Administrative Office of the Courts -- Expungement(kycourts.gov)
- KRS 431.073 -- Expungement of felony conviction records(apps.legislature.ky.gov)
- KRS 431.076 -- Expungement of records of charges not resulting in conviction(apps.legislature.ky.gov)
- KRS 431.078 -- Expungement of misdemeanor and violation conviction records(apps.legislature.ky.gov)
- 2016 HB 40 -- Kentucky Legislative Record(apps.legislature.ky.gov)
- 2019 SB 57 -- Kentucky Legislative Record(apps.legislature.ky.gov)
- 2020 HB 327 -- Kentucky Legislative Record(apps.legislature.ky.gov)
- Kentucky Court of Justice Self-Help Portal(kycourts.gov)
- KRS 431.079 -- Petition or application seeking expungement to include certification of eligibility(apps.legislature.ky.gov)
- KRS 431.074 -- Index of expungement orders; restricted access(apps.legislature.ky.gov)
- KRS 508.032 -- Assault of family member or member of an unmarried couple; enhancement of penalty(apps.legislature.ky.gov)
- KRS 508.030 -- Assault in the fourth degree(apps.legislature.ky.gov)
- KRS 519.055 -- Impersonating a peace officer(apps.legislature.ky.gov)