Laws and Penalties Regarding Alcohol and Other Controlled Substances

(Information from Kentucky Revised Statutes and Kentucky Penal Code)

Chapter 244.085(KRS) - Minors not to purchase liquor or to misrepresent age.

1. No person under 21 years of age shall enter any premises licensed for the sale of alcoholic beverages for the purpose of purchasing or receiving any alcoholic beverages.
2. No person under 21 years of age shall possess for their own use or purchase or attempt to purchase or have another purchase for them any alcoholic beverages. No person shall aid or assist any person under 21 in purchasing or having delivered or served to them any alcoholic beverages.
3. No person under 21 years of age shall misrepresent their own age for purpose of inducing any licensee, or other employee of any licensee, to serve alcoholic beverage to such person.

Chapter 244.020(KRS) - Drinking or being under the influence of alcohol prohibited in a public place

1. No person shall drink any alcoholic beverage in any public place, in or upon any passenger coach, streetcar, or other vehicles commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room.
2. No person shall be under the influence of alcoholic beverages on any public or private road, in any passenger coach, streetcar, or other public place or building or at any public gathering.

Chapter 242.250(KRS)

1. No person, while representing either the buyer or seller, shall distribute, solicit or receive contracts, proposals or orders for the purchase or sale of any alcoholic beverages, or distribute any handbills or posters advertising them in dry territory.

Chapter 242.370(KRS) - Search and seizure

When an officer or reputable citizen files an affidavit with any circuit or district judge, describing premises or vehicle where alcoholic beverages are sold, disposed of or possessed in violation of this chapter, the judge shall by his warrant cause the premises or vehicle to be searched for the detection of any alcoholic beverages which are possessed, or kept for disposition, in violation of this chapter.

These statutes make it clear that purchase or possession of alcohol by anyone under the age of 21 is illegal everywhere in Kentucky. The provisions of KRS 244.020 are interpreted by the courts to prohibit the drinking of alcoholic beverages in any public place, including motor vehicles on public roads. Persons convicted of violations of these statutes face the possibility of fines and/or imprisonment and will have a permanent criminal record. Legal liability could arise as well through the illegal sale or provision of alcohol to a person who is then harmed or harms someone else in an alcohol-related accident. In addition, any contribution to the irresponsible drinking of others can be grounds for personal and group liability. Students are also reminded that the legal sanctions for operating a motor vehicle while under the influence of intoxicants are severe.

Chapter 189A.010(KRS) - Operating a Motor Vehicle while under the influence of alcohol or other substance which may impair driving ability is prohibited.

1st offense

$200-$500 fine*

48 hours-30 days in jail*

2-30 days community service in lieu of fine/jail if no injury

License suspended 6 months*

(30 days if education program completed*)

$150 service fee*

If driving on license suspended for DUI,

$250 fine,*

90 days in jail*

2nd offense

$350-$500 fine*

7 days-6 months in jail*

License suspended 1 year*

If driving on license suspended for DUI, $500 fine,*

1 year in jail*

3rd offense

$500-$1,000 fine*

30 days-1 year in jail*

License suspended 2 years*

If driving on license suspended for DUI, $10,000 fine*

1-5 years in jail*

*Cannot be probated

Chapter 525.100(KPC) and Chapter 222.202(KRS) - “A person is guilty of public intoxication when he appears in a public place manifestly under the influence of alcohol/controlled substance to ...the degree that he may endanger himself or other persons or property or unreasonably annoy persons in his vicinity.”

Chapters 218A.990 and 222.990(KRS)-prescribe penalties for violation of public intoxication and controlled substance laws. A summary follows:

Public Intoxication

1st or 2nd offense - not less than $25

3rd offense - $25 to $100 and/or imprisonment 5 to 90 days and/or education programs for 6 months

Controlled Substance

1st offense - 1 to 10 years imprisonment and/or $3,000 to $10,000 fine

Any subsequent offense - 5 to 20 years imprisonment and/or $5,000 to $20,000 fine

(Please refer to the Alcohol and Drug Policy.)