FAQ: Can my DUI charge be amended to reckless driving or another lesser included offense?

In the Commonwealth of Kentucky DUI’s may not be amended by the prosecutor unless witnesses continue not to be present or there is “uncontroverted” scientific evidence that the breath, blood or urine test is below the per se limit (.08 for adults) or invalid.


A guilty plea to some offenses carries a mandatory suspension of a driver’s license. The Kentucky Transportation Cabinet automatically suspends a person’s driver’s license for six months when convicted any of the following:

  • Conviction of operating a motor vehicle, motorcycle or moped without an operator’s license
  • Conviction for fraudulent use of a driver’s license to purchase or attempt to purchase alcohol beverages
  • Failure to have in full force and effect security (insurance) upon a conviction of a second or subsequent offense within any five year period (e.g. Second No Insurance Conviction within five years)
  • Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years
  • Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident (e.g. hit and run)
  • Conviction or forfeiture of bail upon three (3) charges of reckless driving within a year
  • Any felony in the commission of which a motor vehicle is used
  • Perjury or the making of a false affidavit or any law requiring the registration of motor vehicles or regulating their operation on highways
  • Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one’s driving ability
  • Murder or manslaughter resulting from the operation of a motor vehicle


It is critically important and the law to keep the Department of Transportation advised of your current address by renewing your license each time you move to a new residence. Often a person may plead guilty to one of the aforementioned offenses and the Cabinet sends a notification of their suspension to an old address. The first notification of their suspension comes when an Officer makes an arrest. Renew your license at the Circuit Court Clerk’s Office in your County of Residence. (The Fayette County Clerk for residents of Fayette County).