Burlington Courthouse · Boone District & Circuit Court · 10-Day Admin Deadline
Kentucky's DUI diversion statute (KRS 189A.070) allows first-offense dismissals — but eligibility depends on several factors. This table summarizes Boone County's typical approach.
| Factor | Eligible for Diversion? | Notes |
|---|---|---|
| First DUI offense, BAC .08–.14 | Usually Yes | Standard first offense — highest likelihood of diversion offer in Boone County |
| BAC .15 or above ("aggravated DUI") | Less Likely | Prosecutors more resistant; still possible depending on circumstances |
| Refusal to take BAC test | Less Likely | Refusal is treated as aggravating; separate 1-year suspension for refusal alone |
| Accident involved (property damage) | Possible | Depends on damage extent and whether insurance is resolved |
| Accident with injury | No | Injury accidents typically result in felony charge — diversion unavailable |
| Child passenger in vehicle | No | Child endangerment enhancement; diversion not available |
| CDL holder | Limited | Diversion may clear criminal record but federal CDL suspension still applies |
| Prior DUI within 10 years | No | Second offense — diversion is only available for first-time DUI |
Boone County has heavy DUI enforcement along the I-71/I-75 corridor, especially near the Florence/Erlanger interchange and on US-42. Kentucky State Police Troopers from Post 6 (Dry Ridge) cover the interstate corridors through Boone County, while Boone County Sheriff and Florence Police handle city and county roads. Trooper and municipal charges may be filed in different divisions — verify your court location from your citation.
DUI arrests made by the Florence Police Department or Erlanger Police Department are filed in Boone District Court in Burlington — not in separate municipal courts. All Boone County DUI misdemeanors (regardless of which jurisdiction made the arrest) are heard in Burlington. This means one courthouse for all Boone County cases, but your citation may reference the specific arresting agency.
Boone County is the fastest-growing county in Kentucky. The District Court docket has expanded significantly. Criminal dockets are typically held Monday through Friday mornings. Getting on an early docket date can matter for speedy trial considerations — another reason to retain counsel immediately.
Many DUI arrests in Boone County occur on the shoulder of I-75 or I-71 during high-speed traffic. Field sobriety tests conducted under these conditions (noise, passing headlights, uneven shoulder surface) are legitimately challenged in suppression hearings. An attorney who knows Boone County's geography and the specific conditions at common stop locations has a real advantage here.
All misdemeanor DUI cases in Boone County — whether arrested by Florence PD, Erlanger PD, Boone County Sheriff, or Kentucky State Police — are heard at the Boone County Justice Center at 6025 Rogers Lane, Burlington, KY 41005. There is no separate Florence Municipal Court. Your citation should list the court and date.
At arraignment, the charges are read and you enter a plea. For DUI, almost all defendants plead "not guilty" at this stage — even if they intend to negotiate later. A not guilty plea preserves all your options. The judge sets conditions of release (typically no new offenses, no alcohol for serious cases), a pre-trial conference date, and a trial date. The arraignment itself usually takes 5–10 minutes.
A typical first-offense misdemeanor DUI in Boone County resolves in 3–6 months from arrest to disposition. The timeline: arrest → arraignment (week 1–2) → pre-trial conference (weeks 4–8) → possible second pre-trial → plea or trial (months 3–6). Cases with suppression motions or where discovery disputes arise take longer. Felony DUI cases in Circuit Court take considerably longer, often 6–12 months.
Yes, if you have requested the administrative hearing within 10 days and are eligible. The Kentucky Ignition Interlock Limited Driving Privilege (IILDP) allows driving to work, school, medical appointments, and court. You must install a certified ignition interlock device at your own cost (typically $70–$100/month) and your attorney must file the application with the court. This is separate from any license reinstatement after conviction.
