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After a DUI arrest in Kentucky, most people focus on the criminal charges and court dates—but there’s another important part of the process that happens outside the courtroom: the administrative license process handled by the Kentucky Transportation Cabinet (KTC), commonly referred to as the DMV. This part of the system determines what happens to your driving privileges after a DUI arrest, regardless of whether you’re found guilty in court.
This article explains how DMV hearings and administrative actions unfold in Kentucky after a DUI arrest. The goal is to clarify the process of how license suspensions, hearings, and reinstatements are handled separately from the court system. It also highlights the role of implied consent laws and how refusals or test failures impact your right to drive.
Kentucky’s administrative system for DUIs operates under a separate timeline and set of procedures. Understanding how both systems (criminal and administrative) work in parallel is essential for knowing what to expect after a DUI arrest.
The Role of the DMV in DUI Cases
In Kentucky, the Department of Vehicle Regulation (DVR)—part of the Kentucky Transportation Cabinet—is responsible for overseeing license actions related to DUI arrests. This administrative process is separate from the court case and focuses solely on your driving privileges.
The DMV does not handle criminal penalties like fines or jail time. Instead, its authority includes:
- Suspending your license after a DUI arrest
- Imposing ignition interlock device (IID) requirements
- Monitoring alcohol education program completion
- Reinstating driving privileges after suspension
This system operates independently. That means even if your court case is still pending—or even if you’re found not guilty—your license can still be suspended administratively based on DUI-related events like:
- Failing a breath or blood test
- Refusing to take a chemical test
Because of this dual-track structure, it’s important to treat the DMV process with the same seriousness as the criminal side of your case.
What Triggers an Administrative License Suspension?
Under Kentucky’s implied consent law, anyone who drives in the state automatically agrees to submit to chemical testing if they’re arrested for DUI. If you refuse to take the test, or if you take the test and your BAC is above the legal limit, the DMV may initiate an automatic license suspension—even before your case goes to court.
Here’s how this works:
- BAC of 0.08% or higher (for drivers 21+): triggers a DUI-based suspension
- BAC of 0.02% or higher (for drivers under 21): triggers zero tolerance suspension
- Refusal to submit to chemical testing: results in longer administrative suspension
The arresting officer typically forwards the results of your test (or the refusal) to the Kentucky Transportation Cabinet, which then initiates the suspension process. You will receive a notice of suspension, usually within a few days of your arrest.
This suspension is administrative, meaning it is handled by the state and not the court system. It begins automatically unless you request a hearing to challenge it.
Requesting a DMV Hearing in Kentucky
If you receive notice of an administrative suspension, you may request a formal hearing to contest it. This hearing is conducted through the Kentucky Transportation Cabinet—not the criminal court system—and focuses only on your license status.
Important points about requesting a hearing:
- You must typically submit your request within 20 days of receiving the suspension notice.
- The hearing is held separately from your court appearances.
- It is conducted by a hearing officer appointed by the Cabinet.
- You may attend with or without an attorney.
At the hearing, the officer will review the circumstances of your arrest, the results of any chemical tests, and any evidence related to test refusal or administrative procedure.
The hearing does not determine guilt or innocence regarding the DUI charge. It focuses only on whether the license suspension should remain in place based on administrative standards.
If you don’t request a hearing within the allowed timeframe, the suspension goes into effect automatically and remains in place for the full term.
What Happens at a Kentucky DMV Hearing?
A Kentucky DMV hearing for a DUI-related suspension is generally informal but follows a set structure. It may be conducted in person or by phone, depending on location and scheduling. During the hearing:
- The state presents evidence supporting the suspension (e.g., BAC results or refusal documentation).
- The individual (or their attorney) may present arguments or evidence in response.
- The hearing officer reviews both sides and makes a determination.
You do not need to testify at the hearing, but doing so may help clarify your side of the situation. Keep in mind, however, that anything you say could potentially be used later in your criminal case.
The outcome of the DMV hearing is typically delivered in writing within a few weeks. If the suspension is upheld, the license remains suspended for the designated period. If the officer finds the suspension unjustified, it may be reversed or modified.
Administrative Suspension Lengths in Kentucky
Suspension periods for DUI-related offenses are defined by Kentucky statute and vary depending on the type of offense and whether it’s a first or repeat violation.
Typical administrative suspension lengths include:
- First offense with BAC over 0.08%: 30–120 days
- Refusal to take a test (first offense): 6 months
- Second offense within 10 years: 12–18 months
- Third offense within 10 years: 24–36 months
- Underage driver (BAC over 0.02%): 30 days
These are administrative penalties only and may be imposed before or regardless of any criminal court ruling. If you’re convicted in court, additional license penalties may also apply, and suspensions from both systems may be combined or run consecutively.
For some individuals, the court may offer interlock driving privileges, allowing limited driving with an ignition interlock device during the suspension period.
Reinstating Your License After Suspension
Once the suspension period ends, your license is not automatically reinstated. You must complete specific steps through the Kentucky Transportation Cabinet, which typically include:
- Paying a reinstatement fee
- Providing proof of insurance (SR-22 form)
- Submitting completion certificates for any court-ordered programs (if applicable)
- Complying with any interlock requirements
For suspensions related to refusal or elevated BAC, you may also need to wait until all court matters are resolved. If you’re eligible for reinstatement, the Cabinet will process your request and issue a new license or limited driving permit, depending on the case.
It’s also worth noting that the DUI arrest and administrative suspension may remain on your driving record for several years, which could impact insurance rates and other licensing decisions.
FAQ: DMV Hearings After a DUI in Kentucky
Is a DMV hearing the same as a court trial?
No. DMV hearings are separate administrative proceedings focused only on your license status—not your guilt or innocence in criminal court.
How do I request a DMV hearing in Kentucky?
You must contact the Kentucky Transportation Cabinet within 20 days of receiving your suspension notice.
Can I drive while waiting for my hearing?
In some cases, yes. A temporary license may be issued until the hearing takes place and a decision is made.
What happens if I don’t attend my DMV hearing?
The license suspension will go into effect automatically, and you waive your right to contest it.
Does winning a DMV hearing cancel my DUI charge?
No. The DMV hearing only affects your license. The criminal case continues through the court system.
Conclusion
After a DUI arrest in Kentucky, the DMV process runs in parallel with your court case and can have serious consequences for your driving privileges. Understanding how DMV hearings and license actions work is critical, especially since administrative suspensions can begin before a court conviction. Whether you’re contesting a test refusal or trying to reinstate your license, the DMV process follows its own rules and timelines that must be followed carefully.
For a complete overview of how these administrative actions fit into the broader legal journey, read our full guide on DMV hearings and license actions after a DUI arrest or explore the detailed explanation of the full DUI process and timeline in Kentucky.