By Durrett & Kersting, PLLC
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26 Aug, 2020
There are three things that people think of when they think of our old Kentucky home; fried chicken, horses, and bourbon. It is pretty likely that if you’ve ever told someone that you are from Kentucky that they respond with questions about our beloved bourbon country. However, how much do you really know about the supposed land of bourbon that you reside in? There are alcohol laws in place, even in Kentucky, that govern the sale and production of alcohol. It is important to be aware of these laws, even as consumers, so that you can drink responsibly and answer any questions about one of Kentucky’s most famed exports. The alcohol law in Kentucky is rather convoluted because it can vary based upon the part of the state that you are in. Kentucky’s counties are in one of three camps when it comes to the legal sale and consumption of alcohol: dry, wet, and moist. A dry county is one that prohibits all alcohol sale and a wet county is one in which alcohol sale is permitted by license. Unfortunately, the laws are rather confusing and, although are continuing to be revised for clarification, can vary on the exact parameters of these classification. There are many wet counties that have dry cities and precincts or vice versa. For example, Louisville is considered to be wet but there are a few areas in Louisville that are considered to be dry. The areas that are considered moist are a puzzle in themselves. The labeling of an area as “moist” has varying meanings depending on the specific situation, but most often means that a dry county has allowed specific off-site areas to sell alcohol. Basically, an area that defines its alcohol status as moist refers to anything other than the standard wet or dry. Other restrictions include limited alcohol sales in restaurants or if there are golf courses, wineries, or historic sites in the area which have specific permits to allow the sale of alcohol, even in dry counties. There are many crimes associated with these laws, many of which people do not necessarily realize. The most common crime committed against alcohol laws is a DUI, or driving under the influence. Drunk driving can be considered a penalty against the law but in some cases can also be classified as a felony. This can apply to a variety of motorized vehicles outside of cars, such as motorized boats and motorcycles. Other laws include operating a motor vehicle with an open container of alcohol, public intoxication, any alcohol related to minors such as selling or underage drinking, and refusal to perform a relevant sobriety test. Even in bourbon country, it is crucial to be aware of the laws that govern the sale and consumption of alcohol. Although we take pride in our famous bourbon, we need to be knowledgeable on the risks associated with alcohol and how we can drink safely. If you are in an alcohol related incident and need legal counsel or would like more specific information on the alcohol laws in Kentucky, contact Durrett & Kersting Law. We are experienced in multiple facets of law and will ensure fair and respectable service. We are located in Louisville, Kentucky and serve the areas of Kentucky and Indiana.