What Happens if You Are Charged With a Fourth DUI in Kentucky? The Short Answer
A fourth DUI within ten years is where Kentucky stops treating the case as a misdemeanor. Under KRS 189A.010(5)(d), it is a Class D felony carrying one to five years in state prison, and 120 days of that must actually be served, with no probation or early release for that portion. If an aggravating factor applies, the mandatory minimum jumps to 240 days. Fines run $1,000 to $10,000, and your license is suspended for up to 60 months. You can apply for an ignition interlock license. This is a prison case, not a jail case, and it belongs in front of a lawyer immediately.
The first three DUIs in Kentucky, serious as they are, stay on the misdemeanor side of the line. The fourth is different in kind, not just degree. It is a felony, it is prosecuted in Circuit Court rather than District Court, and it carries a mandatory stretch of time that no judge can suspend. I am Matt Farra, and I defend DUI cases in Louisville and across Jefferson County. Here is exactly what a fourth offense means and where the defense begins.
Where the Felony Line Sits
Kentucky counts prior DUI convictions within a ten-year look-back window. A first, second, and third DUI inside that window are misdemeanors. A fourth or subsequent offense inside that window is a Class D felony under KRS 189A.010(5)(d).
That ten-year window is doing enormous work in your case. The priors do not have to be close together. Three convictions spread across nine years still stack, and the fourth one crosses the line. By the same token, a prior that falls outside the window should not count at all, which is why the dates of every prior conviction are among the first things I examine.
The Penalties for a Fourth Offense
A fourth DUI conviction carries:
- Prison: one to five years, a Class D felony sentence served in state custody rather than county jail.
- A mandatory 120 days: this portion must be served. It cannot be suspended, probated, conditionally discharged, or cut short by early release.
- With an aggravator, 240 days: if one of the six aggravating circumstances applies, the mandatory minimum doubles, and that term is equally untouchable.
- Fines: $1,000 to $10,000, far above the misdemeanor range.
- License suspension: up to 60 months, five years.
- Treatment: a one-year alcohol or substance abuse treatment program.
Compare that to a third offense, which tops out at 12 months in jail and a $1,000 fine, and you can see why the fourth is a different category of problem.
The Aggravating Factors That Double Your Minimum
The same six aggravators from KRS 189A.010(11) apply, and at the felony level they are what push the mandatory minimum from 120 days to 240:
- A blood alcohol concentration of 0.15 or higher
- Driving 30 miles per hour or more over the speed limit
- Driving the wrong way on a limited-access highway
- Causing an accident resulting in serious physical injury or death
- Refusing to submit to chemical testing
- Having a passenger under the age of 12 in the vehicle
Whether an aggravator genuinely applies is frequently contestable, and on a fourth offense it is worth roughly four months of your life.
Driving Again: The Interlock Option
A 60-month suspension does not necessarily mean five years without driving. Kentucky allows eligibility to apply for an ignition interlock license, which permits you to drive a vehicle fitted with an approved device. Kentucky also allows someone suspended for a second or subsequent DUI conviction to ask the court about installing an interlock device after a period of suspension, provided there have been no further DUI convictions or convictions for driving on a DUI-suspended license in the meantime. Getting that process started early matters.
The Consequences That Outlast the Sentence
A felony conviction reaches well past prison and fines. It stays on your record permanently, it affects your firearm rights, and it shows up in employment and housing screening for the rest of your life. Kentucky also treats DUI-related offenses harshly on their own track: a third offense of driving on a DUI-suspended license under KRS 189A.090 is itself a Class D felony. The system is designed to escalate, and the fourth DUI is the point where that escalation becomes permanent.
Where the Defense Starts
A felony DUI has more elements the Commonwealth must prove, which means more places the case can be challenged.
- Do the priors actually qualify? This is the first question. If one prior falls outside the ten-year window, was not a qualifying DUI, or was obtained in a way that cannot support enhancement, the offense level may drop from felony to misdemeanor. That single issue can change everything about the case.
- Was the stop lawful? If the officer lacked a valid basis to pull you over, what followed may be suppressed.
- Was the testing done correctly? Breath and blood testing has to follow Kentucky’s procedures, including the observation period and the machine’s maintenance and certification records.
- Does the aggravator hold up? Defeating it halves your mandatory minimum.
There are no guarantees, and every case turns on its own facts. But a fourth DUI is the last case anyone should walk into without those questions being asked carefully.
Facing a Fourth DUI? Talk to Someone Now.
A felony DUI carries prison time that cannot be probated away, so the early work on the case matters enormously. I handle these cases personally, and the first conversation costs nothing. Learn more about my work defending DUI charges in Kentucky at https://farralaw.com/dui-drunk-driving-defense/, or call or text me directly at (502) 314-4499.
Frequently Asked Questions
Is a 4th DUI a felony in Kentucky?
Yes. A fourth or subsequent DUI within ten years is a Class D felony under KRS 189A.010(5)(d), carrying one to five years in state prison. The first three offenses within that window are misdemeanors.
How much time must I actually serve on a fourth DUI?
At least 120 days, and that portion cannot be suspended, probated, conditionally discharged, or shortened by early release. If an aggravating circumstance applies, the mandatory minimum doubles to 240 days.
How long is the license suspension for a fourth DUI?
Up to 60 months, which is five years. You may be eligible to apply for an ignition interlock license to keep driving a vehicle equipped with an approved device.
What are the fines for a fourth DUI in Kentucky?
$1,000 to $10,000, substantially higher than the $500 to $1,000 range for a third offense, plus court costs, the DUI service fee, and treatment program costs.
Can a fourth DUI be reduced to a misdemeanor?
Sometimes. Because the felony level depends on qualifying prior convictions within the ten-year window, challenging whether those priors count can reduce the offense level. It depends entirely on the facts and the record, and there are no guarantees.
Disclaimer: This article is general legal information about Kentucky law, not legal advice, and reading it does not create an attorney-client relationship. For advice about your specific situation, speak with a licensed Kentucky attorney.
About Matt Farra
Louisville Criminal Defense Attorney • Founder, Farra Law Firm
Matt Farra has been licensed in Kentucky for nearly 20 years, defending clients across Louisville, Jefferson County, and Kentucky in state, district, and federal courts. A native Louisvillian with deep ties to the local legal community, he handles the full range of criminal matters, from DUI and drug offenses to white collar crimes, felony cases, and expungements. Every client at Farra Law Firm works directly with Matt from initial consultation through case resolution.
“I believe every person, no matter their background or the charge against them, deserves a strong, respectful, and aggressive defense.”
— Matt Farra
Credentials & Practice
- Kentucky Bar Association
- J.D., Northern Kentucky University, Salmon P. Chase College of Law
- Nearly 20 years of Kentucky criminal defense experience
- Native Louisvillian with strong local court relationships
- Practices in Louisville Metro Criminal Court, Jefferson County District & Circuit Court, and Kentucky county courts statewide
- Admitted to U.S. District Court, Western District of Kentucky (federal practice)
- Justia Lawyer Profile
- Avvo Attorney Profile
Reviewed for legal accuracy by Matthew J. Farra, Founding Attorney, Farra Law Firm. Last reviewed: April 2026.