DRIVING UNDER THE INFLUENCE

KRS tit. XVI, ch. 189A

in effect

KRS 189A.005 Definitions for chapter

189A.005. Definitions for chapter As used in this chapter, unless the context requires otherwise: (1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath; (2) "Cabinet" means the Transportation Cabinet; (3) "Ignition interlock device" or "device" means a device, certified by the Transportation Cabinet for use in this Commonwealth under KRS 189A.350, that: (a) Connects a motor vehicle ignition system or motorcycle ignition system to a breath alcohol analyzer and prevents a motor vehicle ignition or motorcycle ignition from starting, and from continuing to operate, if a driver's breath alcohol concentration exceeds 0.02, as measured by the device; and (b) Has a fully functional camera that is equipped to record the date, time, and photo of all persons providing breath samples to the device; (4) "Ignition interlock certificate of installation" means a certificate providing that the installed ignition interlock device has been installed and is certified for use in the Commonwealth under KRS 189A.350; (5) "Ignition interlock device provider" or "provider" means any person or company certified by the Transportation Cabinet to engage in the business of manufacturing, selling, leasing, servicing, or monitoring ignition interlock devices within the Commonwealth; (6) "Ignition interlock license" means a motor vehicle or motorcycle operator's license issued or granted by the laws of the Commonwealth of Kentucky that, except for those with an employer exemption under KRS 189A.340, permits a person to drive only motor vehicles or motorcycles equipped with a functioning ignition interlock device; (7) "License" means any driver's or operator's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state including: (a) Any temporary license or instruction permit; (b) The privilege of any person to obtain a valid license or instruction permit, or to drive a motor vehicle whether or not the person holds a valid license; and (c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189; (8) "Limited access highway" has the same meaning as "limited access facility" does in KRS 177.220; (9) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103. Declining may be either by word or by the act of refusal. If the breath testing instrument for any reason shows an insufficient breath sample and the alcohol concentration cannot be measured by the breath testing instrument, the law enforcement officer shall then request the defendant to take a blood or urine test in lieu of the breath test. If the defendant then declines either by word or by the act of refusal, he shall then be deemed to have refused if the refusal occurs at the site at which any alcohol concentration or substance test is to be administered; and (10) When age is a factor, it shall mean age at the time of the commission of the offense. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 1, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 1, effective June 24, 2015. -- Amended 2002 Ky. Acts ch. 171, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 1, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1, effective July 1, 1991.

KRS 189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating

189A.010. Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating circumstances. (1) A person shall not operate or be in physical control of a motor vehicle anywhere in this Commonwealth: (a) Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; (d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle; (e) While under the combined influence of alcohol and any other substance which impairs one's driving ability; or (f) Having an alcohol concentration of 0.02 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle, if the person is under the age of twenty -one (21). (2) With the exception of the results of the tests administered pursuant to KRS 189A.103(7): (a) If the sample of the person's blood or breath that is used to determine the alcohol concentration thereof was obtained more than two (2) hours after cessation of operation or physical control of a motor vehicle, the results of the test or tests shall be inadmissible as evidence in a prosecution under subsection (1)(a) or (f) of this section. The results of the test or tests, however, may be admissible in a prosecution under subsection (1)(b) or (e) of this section; or (b) If the sample of the person's blood that is used to determine the presence of a controlled substance was obtained more than two (2) hours after cessation of operation or physical control of a motor vehicle, the results of the test or tests shall be inadmissible as evidence in a prosecution under subsection (1)(d) of this section. The results of the test or tests, however, may be admissible in a prosecution under subsection (1)(c) or (e) of this section. (3) In any prosecution for a violation of subsection (1)(b) or (e) of this section in which the defendant is charged with having operated or been in physical control of a motor vehicle while under the influence of alcohol, the alcohol concentration in the defendant's blood as determined at the time of making analysis of his or her blood or breath shall give rise to the following presumptions: (a) If there was an alcohol concentration of less than 0.04, it shall be presumed that the defendant was not under the influence of alcohol; and (b) If there was an alcohol concentration of 0.04 or greater but less than 0.08, that fact shall not constitute a presumption that the defendant either was or was not under the influence of alcohol, but that fact may be considered, together with other competent evidence, in determining the guilt or innocence of the defendant. This subsection shall not be construed as limiting the introduction of any other competent evidence bearing upon the questions of whether the defendant was under the influence of alcohol or other substances, in any prosecution for a violation of subsection (1)(b) or (e) of this section. (4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person charged with violation of subsection (1) of this section is legally entitled to use any substance, including alcohol, shall not constitute a defense against any charge of violation of subsection (1) of this section. (b) A laboratory test or tests for a controlled substance shall be inadmissible as evidence in a prosecution under subsection (1)(d) of this section upon a finding by the court that the defendant consumed the substance under a valid prescription from a practitioner, as defined in KRS 218A.010, acting in the course of his or her professional practice. However, a laboratory test for a controlled substance may be admissible as evidence in a prosecution under subsection (1)(c) or (e) of this section. (5) Any person who violates the provisions of paragraph (a), (b), (c), (d), or (e) of subsection (1) of this section shall: (a) For the first offense within a ten (10) year period, be fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating circumstances listed in subsection (11) of this section are present while the person was operating or in physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (b) For the second offense within a ten (10) year period, be fined not less than three hundred fifty dollars ($350) nor more than five hundred dollars ($500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (c) For a third offense within a ten (10) year period, be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than thirty (30) days nor more than twelve (12) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be sixty (60) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release; (d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a Class D felony. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be two hundred forty (240) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of release; and (e) For purposes of this subsection, prior offenses shall include all convictions in this Commonwealth, and any other state or jurisdiction, for operating or being in control of a motor vehicle while under the influence of alcohol or other substances that impair one's driving ability, or any combination of alcohol and such substances, or while having an unlawful alcohol concentration, or driving while intoxicated, but shall not include convictions for violating subsection (1)(f) of this section. A court shall receive as proof of a prior conviction a copy of that conviction, certified by the court ordering the conviction. (6) Any person who violates the provisions of subsection (1)(f) of this section shall be fined no less than one hundred dollars ($100) and no more than five hundred dollars ($500), or sentenced to twenty (20) hours of community service in lieu of a fine. A person subject to the penalties of this subsection shall not be subject to the penalties established in subsection (5) of this section or any other penalty established pursuant to KRS Chapter 189A, except those established in KRS 189A.040(1) and KRS 189A.070. (7) If the person is under the age of twenty-one (21) and there was an alcohol concentration of 0.08 or greater, the person shall be subject to the penalties established pursuant to subsection (5) of this section. (8) (a) For a second or third offense within a ten (10) year period, the minimum sentence of imprisonment or community labor shall not be suspended, probated, or subject to conditional discharge or other form of early release. (b) For a fourth or subsequent offense under this section, the minimum term of imprisonment shall be one hundred twenty (120) days, and this term shall not be suspended, probated, or subject to conditional discharge or other form of early release. (c) For a second or subsequent offense, at least forty-eight (48) hours of the mandatory sentence shall be served consecutively. (9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of the penalties shall be assessed and that penalty shall not be suspended, probated, or subject to conditional discharge or other form of early release. (10) In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered. (11) For purposes of this section, aggravating circumstances are any one (1) or more of the following: (a) Operating a motor vehicle in excess of thirty (30) miles per hour above the speed limit; (b) Operating a motor vehicle in the wrong direction on a limited access highway; (c) Operating a motor vehicle that causes an accident resulting in death or serious physical injury as defined in KRS 500.080; (d) Operating a motor vehicle while the alcohol concentration in the operator's blood or breath is 0.15 or more as measured by a test or tests of a sample of the operator's blood or breath taken within two (2) hours of cessation of operation of the motor vehicle; (e) Refusing to submit to any test of one's breath requested by an officer having reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of subsection (1) of this section, except it shall not be considered an aggravating circumstance for a first offense under subsection (5)(a) of this section; and (f) Operating a motor vehicle that is transporting a passenger under t he age of twelve (12) years old. (12) The substances applicable to a prosecution under subsection (1)(d) of this section are: (a) Any Schedule I controlled substance except marijuana; (b) Alprazolam; (c) Amphetamine; (d) Buprenorphine; (e) Butalbital; (f) Carisoprodol; (g) Clonazepam; (h) Cocaine; (i) Cyclobenzaprine; (j) Diazepam; (k) Fentanyl; (l) Hydrocodone; (m) Meprobamate; (n) Methadone; (o) Methamphetamine; (p) Oxycodone; (q) Promethazine; (r) Propoxyphene; and (s) Zolpidem. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 193, sec. 1, effective July 15, 2026. -- Amended 2019 Ky. Acts ch. 103, sec. 2, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 1, effective April 9, 2016. -- Amended 2010 Ky. Acts ch. 149, sec. 17, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 183, sec. 19, effective August 1, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 2, effective October 1, 2000. -- Amended 1998 Ky. Acts ch. 124, sec. 8, effective July 15, 1998; and ch. 606, sec. 171, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 198, sec. 10, effective October 10, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 2, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 1, effective July 13, 1984. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 1 of that Act.

KRS 189A.020 Community labor program -- Terms and conditions

189A.020. Community labor program -- Terms and conditions All community labor shall be under the supervision of the court and subject to the following: (1) (a) No period of labor shall be less than four (4) hours to qualify for satisfaction of a sentence; (b) A "day" shall mean eight (8) hours of labor; (c) A "month" shall mean twenty (20) days of labor; (d) Periods of labor four (4) hours or longer may be cumulated to meet the requirements under this section; (2) Labor shall be done for public agencies, nonprofit corporations or eleemosynary institutions only; (3) Any agency for whom a person works shall agree to supervise such person and report to the court: (a) The hours worked, (b) The quality of the work, (c) The nature of the work; (4) An agency may refuse to accept persons under this program or to accept any particular person or persons sent by the court; (5) The court shall maintain a list of agencies willing to accept and supervise persons sentenced under this program; (6) The court may contract, at no cost to the state or participant, with any public agency or nonprofit corporation or eleemosynary institution for the supervision of persons in the program; (7) No work performed under this program shall be deemed employment for any purpose nor shall the person performing such work be considered an employee; (8) Failure to complete the community labor ordered by the court, to perform diligently at that labor, or to pay the fee required shall constitute contempt of court and the court shall, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending completion of the community labor. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 165, sec. 2, effective July 13, 1984.

KRS 189A.030 Terms of imprisonment for first and second offenders

189A.030. Terms of imprisonment for first and second offenders (1) Terms of imprisonment for first and second offenders under KRS 189A.010 shall, at the order of the court, be served on weekends or such other times as may preserve the employment or education of the offender, provided that no individual period of incarceration shall be less than twenty-four (24) hours. (2) Children shall be detained pursuant to the applicable provisions of KRS Chapters 600 to 645. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 140, effective April 10, 1988. -- Amended 1986 Ky. Acts ch. 423, sec. 186, effective July 1, 1987. -- Created 1984 Ky. Acts ch. 165, sec. 3, effective July 13, 1984.

KRS 189A.040 Alcohol or substance abuse treatment and education programs -- Sentencing offenders to programs -- Regulation of programs -- Medicaid- eligible defendants -- Appeals of decisions regarding licensure of education and treatment facilities and programs

189A.040. Alcohol or substance abuse treatment and education programs -- Sentencing offenders to programs -- Regulation of programs -- Medicaid- eligible defendants -- Appeals of decisions regarding licensure of education and treatment facilities and programs (1) In addition to any other penalty prescribed by KRS 189A.010(5)(a) or (6), the court shall sentence the person to attend an alcohol or substance abuse education or treatment program subject to the following terms and conditions for a first offender or a person convicted under KRS 189A.010(1)(f): (a) The treatment or education shall be for a period of ninety (90) days and the program shall provide an assessment of the defendant's alcohol or other substance abuse problems, which shall be performed at the start of the program; (b) Each defendant shall pay the cost of the education or treatment program up to his ability to pay but no more than the actual cost of the treatment; (c) Upon written report to the court by the administrator of the program that the defendant has completed the program recommended by the administrator based upon the assessment of the defendant, the defendant shall be released prior to the expiration of the ninety (90) day period; and (d) Failure to complete the education or treatment program or to pay the amount specified by the court for education or treatment shall constitute contempt, and the court shall, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending completion of the education or treatment program. (2) In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall sentence the person to an alcohol or substance abuse treatment program subject to the following terms and conditions for a second offender: (a) The sentence shall be for a period of one (1) year and the program shall provide an assessment of the defendant's alcohol or other substance abuse problems, which shall be performed at the start of the program; (b) Each defendant shall pay the cost of the treatment program up to his ability to pay but no more than the actual cost of the treatment; (c) Upon written report to the court by the administrator of the program that the defendant has completed the program recommended by the administrator based upon the assessment of the defendant, the defendant may be released prior to the expiration of the one (1) year period; and (d) Failure to complete the treatment program or to pay the amount specified by the court for treatment shall constitute contempt of court and the court shall, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending the completion of the treatment program. (3) In addition to any other penalty prescribed by KRS 189A.010(5)(c) or (d), the court shall sentence the person to an alcohol or substance abuse treatment program subject to the following terms and conditions for a third or subsequent offender: (a) The sentence shall be for a period of one (1) year and the program shall provide an assessment of the defendant's alcohol or other substance abuse problems, which shall be performed at the start of the program. The program may be an inpatient or residential-type program; (b) Each defendant shall pay the cost of the treatment program up to his ability to pay but no more than the actual cost of the program; (c) A defendant, upon written recommendation to the court by the administrator of the program, may be released from the inpatient or residential program prior to the expiration of one (1) year but shall be retained in the program on an outpatient basis for the remainder of the year period; and (d) Failure to complete the treatment program or to pay the amount specified by the court for treatment shall constitute contempt of court, and the court shall, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending completion of the treatment program. (4) Costs of treatment or education programs which are paid from the service fee established by KRS 189A.050, or from state or federal funds, or any combination thereof, shall be deducted from the amount which the defendant must pay. (5) For defendants who are Medicaid-eligible, alcohol or substance abuse treatment under this section shall be authorized by the Department for Medicaid Services and its contractors as Medicaid-eligible services and shall be subject to the same medical necessity criteria and reimbursement methodology as for all other covered behavioral health services. (6) For the purposes of this section, "treatment" means service in an alcohol or substance abuse education or treatment program or facility licensed, regulated, and monitored by the Cabinet for Health and Family Services for services as required under this section. (7) The Cabinet for Health and Family Services shall promulgate administrative regulations for the licensure of education and treatment facilities and programs for offenders receiving education or treatment under this section. The criteria developed by the Cabinet for Health and Family Services shall include: (a) Manner of assessment; (b) Appropriate education and treatment plans; and (c) Referrals to other treatment providers. (8) The participating facilities and programs shall be required to abide by these standards and shall report completion to the Transportation Cabinet. Upon request, the facility or program shall report to the courts regarding the progress of offenders being treated pursuant to this section. (9) Administrative decisions regarding the licensure of education and treatment facilities and programs may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 3, effective July 1, 2020. -- Amended 2010 Ky. Acts ch. 149, sec. 18, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 146, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 467, sec. 3, effective October 1, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 125, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 75, effective July 15, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 3, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 4, effective July 13, 1984.

KRS 189A.045 Enrollment in alcohol or substance abuse education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program

189A.045. Enrollment in alcohol or substance abuse education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program (1) (a) Except as provided in paragraph (b) of this subsection, when a court requires a defendant to enroll in an alcohol or substance abuse education or treatment program pursuant to this chapter, it shall require the defendant to accomplish the enrollment within ten (10) days of the entry of judgment of conviction. (b) A defendant may choose to enroll in an alcohol or substance abuse education or treatment program prior to conviction. If a defendant chooses to enroll prior to conviction, the alcohol or substance abuse education or treatment completed prior to conviction shall count towards the period of alcohol or substance abuse education or treatment required pursuant to KRS 189A.040. (2) When a defendant enrolls in the program, the administrator of the program or his authorized representative shall transmit to the court a certificate of enrollment within five (5) working days of the enrollment. (3) If the court does not receive a certificate of enrollment from the administrator of a program to which the defendant has been assigned within twenty (20) days of the entry of judgment of conviction, the court shall hold a hearing requiring the defendant to show cause why he did not enroll. (4) If a defendant enrolled in an alcohol or substance abuse education or treatment program drops out of the program or does not maintain satisfactory attendance at the program, the administrator of the program or his authorized representative shall transmit to the court a notice describing the defendant's failure to attend. (5) Upon receipt of a notice of failure to attend a required alcohol or substance abuse education or treatment program, the court shall hold a hearing requiring the defendant to show cause why he should not be held in contempt of court and be subject to the reinstatement of any penalties which may have been withheld pending completion of treatment. (6) When a defendant completes the required alcohol or substance abuse education or treatment program, the administrator of the program shall notify the court and the Transportation Cabinet of the defendant's completion of the program. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 4, effective July 1, 2020. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 4, effective July 1, 1991.

KRS 189A.050 Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected

189A.050. Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected (1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) shall be sentenced to pay a service fee of four hundred twenty -five dollars ($425), which shall be in addition to all other penalties authorized by law. (2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 534.020 and KRS 534.060. (3) The first fifty dollars ($50) of each service fe e imposed by this section shall be paid into the general fund, the second fifty dollars ($50) of each service fee imposed by this section shall be paid to the ignition interlock administration fund established in KRS 189A.380, and the remainder of the revenue collected from the service fee imposed by this section shall be utilized as follows: (a) Twelve percent (12%) shall be transferred to the Department of Kentucky State Police forensic laboratory for the acquisition, maintenance, testing, and calibration of alcohol concentration testing instruments and the training of laboratory personnel to perform these tasks; (b) Twenty percent (20%) shall be allocated to the Department of Public Advocacy; (c) One percent (1%) shall be transferred to the Prosecutors Ad visory Council for training of prosecutors for the prosecution of persons charged with violations of this chapter and for obtaining expert witnesses in cases involving the prosecution of persons charged with violations of this chapter or any other offense in which driving under the influence is a factor in the commission of the offense charged; (d) Sixteen percent (16%) shall be transferred as follows: 1. Fifty percent (50%) shall be credited to the traumatic brain injury trust fund established under KRS 211.476; and 2. Fifty percent (50%) shall be credited to the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities, for the purposes of providing direct services to individuals with brain injuries that may in clude long-term supportive services and training and consultation to professionals working with individuals with brain injuries. As funding becomes available under this subparagraph, the cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the services permitted by this subparagraph; (e) Any amount specified by a specific statute shall be transferred as provided in that statute; (f) Forty-six percent (46%) shall be transferred to be utilized to fund enforcement of this chapter and for the support of jails, recordkeeping, treatment, and educational programs authorized by this chapter and by the Department of Public Advocacy; and (g) The remainder shall be transferred to the general fund. (4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be placed in trust and agency accounts that shall not lapse. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 8, effective April 5, 2024. -- Amended 2020 Ky. Acts ch. 91, sec. 36, e ffective April 15, 2020. -- Amended 2017 Ky. Acts ch. 158, sec. 10, effective June 29, 2017; and ch. 167, sec. 12, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 16, effective July 12, 2012; and ch. 158, sec. 11, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 149, sec. 19, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 158, sec. 6, effective July 1, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 213, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 147, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 137, sec. 1, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 467, sec. 4, effective October 1, 2000. -- Amended 1994 Ky. Acts ch. 395, sec. 3, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 165, sec. 5, effective July 13, 1984. 2026-2028 Budget Reference. See State/Executive Branch Budget, 2026 Ky. Acts ch. 168, Pt. I, H, 4, (2) at 2096. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which are in conflict. Under KRS 446.250, Acts. ch. 146, which was last enacted by the General Assembly, prevails. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

KRS 189A.070 License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement

189A.070. License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement (1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the penalties specified in KRS 189A.010, the Transportation Cabinet shall suspend a person's license to operate a motor vehicle or motorcycle upon conviction of KRS 189A.010(1). 2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the Transportation Cabinet shall suspend a person's license to operate a motor vehicle or motorcycle as follows: a. For the first offense within a ten (10) year period: i. For a person who is issued an ignition interlock license under KRS 189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months; ii. For a person who is issued an ignition interlock license under KRS 189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or iii. For all others, six (6) months; b. For the second offense within a ten (10) year period: i. For a person who is issued an ignition interlock license under KRS 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, twelve (12) months; ii. For a person who is issued an ignition interlock license under KRS 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or eighteen (18) months, whichever is shorter; or iii. For all others, eighteen (18) months; c. For a third offense within a ten (10) year period: i. For a person who is issued an ignition interlock license under KRS 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, eighteen (18) months; ii. For a person who is issued an ignition interlock license under KRS 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or thirty-six (36) months, whichever is shorter; or iii. For all others, thirty-six (36) months; d. For a fourth or subsequent offense within a ten (10) year period: i. For a person who is issued an ignition interlock license under KRS 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, thirty (30) months; ii. For a person who is issued an ignition interlock license under KRS 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or sixty (60) months, whichever is shorter; or iii. For all others, sixty (60) months; e. If the conviction records transmitted to the Transportation Cabinet pursuant to subsection (3) of this section show that a person was convicted of a: i. First offense of KRS 189A.010, the person's license shall be suspended as provided in subdivision a. of this subparagraph; ii. Second offense of KRS 189A.010, the person's license shall be suspended as provided in subdivision b. of this subparagraph; iii. Third offense of KRS 189A.010, the person's license shall be suspended as provided in subdivision c. of this subparagraph; and iv. Fourth or subsequent offense of KRS 189A.010, the person's license shall be suspended as provided in subdivision d. of this subparagraph; and f. The license suspension shall be deemed effective on the date of entry of the court's order or judgement for a conviction of KRS 189A.010. 3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet shall suspend a person's license to operate a motor vehicle or motorcycle as follows: a. For a person who is issued an ignition interlock license under KRS 189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months; b. For a person who is issued an ignition interlock license under KRS 189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or c. For all others, six (6) months. 4. For purposes of this paragraph, "ninety (90) consecutive day requirement" and "one hundred twenty (120) consecutive day requirement" mean the requirements established in KRS 189A.340(4)(b)2. (b) For a person under the age of eighteen (18), in addition to the penalties specified in KRS 189A.010, the Transportation Cabinet shall suspend the person's license to operate a motor vehicle or motorcycle upon conviction of KRS 189A.010(1). The person shall have his or her license suspended until he or she reaches the age of eighteen (18) or as provided in paragraph (a) of this subsection, whichever penalty will result in the longer period of suspension. (2) In addition to the period of license suspension set forth in subsection (1) of this section, no person shall be eligible for reinstatement of his or her full privilege to operate a motor vehicle or motorcycle until he or she has completed the alcohol or substance abuse education or treatment program ordered pursuant to KRS 189A.040. (3) Upon conviction of KRS 189A.010(1): (a) A person shall surrender his or her license to operate a motor vehicle or motorcycle to the court. Should the person fail to surrender his or her license to the court, the court shall issue an order directing the sheriff or any other peace officer to seize the license forthwith and deliver it to the court. The court shall then forward the license to the Transportation Cabinet. This paragraph shall not apply to a person who has previously surrendered his or her license pursuant to KRS 189A.200; and (b) The court shall immediately transmit the conviction records and other appropriate information to the Transportation Cabinet. A court shall not waive or stay this procedure. (4) In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered. Effective: July 1, 2020 History: Repealed and reenacted 2019 Ky. Acts ch. 103, sec. 5, effective July 1, 2020. - - Amended 2016 Ky. Acts ch. 85, sec. 2, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 2, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 20, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 5, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 12, effective October 1, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 7, effective July 13, 1984. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 2 of that Act.

KRS 189A.085 Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender

189A.085. Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender (1) Unless a person has been issued an ignition interlock license under KRS 189A.340 or a hardship license under KRS 189A.410, a person who has been convicted of an offense under KRS 189A.010 may have the license plate or plates on all of the motor vehicles or motorcycles owned by him or her, either solely or jointly, impounded by the court of competent jurisdiction in accordance with the following procedures: (a) Following a court order of impoundment of a license plate or plates, the person shall physically surrender any and all license plate or plates currently in force on any motor vehicle or motorcycle owned either individually or jointly by him or her to the court at the final sentencing hearing, or within forty-five (45) days after the hearing. If the person fails to surrender his or her license plate or plates at the final sentencing hearing or within forty-five (45) days thereafter, the court may issue an order directing the sheriff or any other peace officer to seize the license plate or plates and to deliver any seized license plate or plates to the court. The order of the court suspending the license plate or plates shall not exceed the time for the suspension of the operator's license as specified in KRS 189A.070; and (b) The clerk of the court shall retain any surrendered plate or plates and then transmit all surrendered plate or plates to the Transportation Cabinet in the manner set forth by the Transportation Cabinet in administrative regulations promulgated by the Transportation Cabinet. (2) Upon application, the court may grant hardship exceptions to family members or other individuals affected by the surrender of any license plate or plates of any motor vehicle or motorcycle owned by the offender. Hardship exceptions may be granted by the court to the offender's family members or other affected individuals only if the family members or other affected individuals prove to the court's satisfaction that their inability to utilize the surrendered motor vehicles or motorcycles would pose an undue hardship upon the family members or other affected individuals. Upon the court's granting of hardship exceptions, the clerk or the Transportation Cabinet as appropriate, shall return to the family members or other affected individuals the license plate or plates of the motor vehicles or motorcycles of the offender for their utilization. The offender shall not be permitted to operate a motor vehicle or motorcycle for which the license plate has been suspended or for which a hardship exception has been granted, unless the offender has been issued an ignition interlock license under KRS 189A.340 or a hardship license under KRS 189A.410. (3) If the license plate of a jointly owned vehicle is impounded, this vehicle may be transferred to a joint owner of the vehicle who was not the violator. (4) If the license plate of a motor vehicle is impounded, the vehicle may be transferred. Effective:April 6, 2022 History: Amended 2022 Ky. Acts ch. 83, sec. 1, effective April 6, 2022. -- Amended 2019 Ky. Acts ch. 103, sec. 6, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 3, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 21, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 467, sec. 19, effective October 1, 2000.

KRS 189A.090 Operating motor vehicle while license is suspended for driving under the influence prohibited -- Operating motor vehicle without ignition interlock license or hardship license prohibited -- Penalties

189A.090. Operating motor vehicle while license is suspended for driving under the influence prohibited -- Operating motor vehicle without ignition interlock license or hardship license prohibited -- Penalties (1) No person shall operate or be in physical control of a motor vehicle or motorcycle while his or her license is suspended under this chapter, unless the person has a valid: (a) Ignition interlock license in the person's possession and: 1. The motor vehicle or motorcycle is equipped with a functioning ignition interlock device; or 2. The person is operating or in physical control of an employer's motor vehicle or motorcycle in accordance with KRS 189A.340(6); or (b) Hardship license in the person's possession. (2) In addition to the period of license suspension imposed by KRS 189A.070, any person who violates subsection (1) of this section shall: (a) For a first offense within a ten (10) year period, be guilty of a Class B misdemeanor and have his or her license suspended by the Transportation Cabinet for six (6) months, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for a period of one (1) year; (b) For a second offense within a ten (10) year period, be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of two (2) years; and (c) For a third or subsequent offense within a ten (10) year period, be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of five (5) years. (3) Any person who violates subsection (1) of this section may apply for an ignition interlock license for the remainder of the original period of suspension under KRS 189A.070 and for the entire period of the new suspension if the person is and remains otherwise eligible for such license pursuant to KRS 189A.340. (4) The ten (10) year period under this section shall be measured in the same manner as in KRS 189A.070. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 7, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 3, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 4, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 22, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 7, effective October 1, 2000. -- Amended 1991 1st Extra. Sess. Acts ch. 15, sec. 22, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 9, effective July 13, 1984. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 3 of that Act.

KRS 189A.100 Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings

189A.100. Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings (1) (a) Law enforcement agencies may administer preliminary breath tests using devices or equipment which will ensure an accurate determination of blood alcohol content. Preliminary breath tests may be administered in the field to a person suspected of violation of KRS 189A.010 before the person is arre sted. This test may be administered in addition to any other blood alcohol level test authorized by law. (b) 1. A person's refusal to take a preliminary breath test shall not: a. Be used against him or her in a court of law or in any administrative proceed ing; or b. Result in the suspension of his or her license by the court at the time of arraignment. 2. Prior to the administration of a preliminary breath test, a person suspected of violating KRS 189A.010 shall be informed of the provisions of subparagraph 1. of this paragraph. (2) (a) Law enforcement agencies may record on film or videotape or by other visual and audible means: 1. The pursuit of a violator or suspected violator; 2. The traffic stop; or 3. a. Field sobriety tests administered at the scene or such tests at a police station, jail, or other suitable facility; or b. The refusal of a violator or suspected violator to submit to tests under KRS 189A.103; for a suspected violation of KRS 189A.010. (b) Recordings made under paragraph (a) of this subsection shall be subject to the following conditions: 1. The testing is recorded in its entirety, except for blood alcohol analysis testing; 2. The entire recording of the field sobriety tests or refusal and the entire recording of the pursuit and traffic stop is shown in court unless the defendant waives the showing of any portions not offered by the prosecution; 3. The entire recording is available to be shown by the defense at trial if the defendant desires regardless of whether it was introduced by the Commonwealth; 4. The defendant or his or her counsel is afforded an opportunity to view the entire recording a reasonable time before the trial in order to prepare an adequate defense; 5. Recordings shall be used for official purposes only, which shall include viewing: a. In court; b. By the prosecution and defense in preparation for a trial; and c. For purposes of administrative reviews and official administrative proceedings. Recordings shall otherwise be co nsidered as confidential records; 6. The videotape or film taken in accordance with this section shall, upon order of the sentencing court, be destroyed after the later of the following: a. Fourteen (14) months, if there is no appeal of any criminal or traffic case filed as a result of the videotape or film, or if the videotape or film does not record the actual happening of an accident involving a motor vehicle; b. Fourteen (14) months after a decision has been made not to prosecute any case upon which an arrest has been made or a citation issued as a result of the videotape or film, if the videotape does not record the actual happening of an accident involving a motor vehicle; c. Twenty-six (26) months, if there is no appeal of any criminal or traffic case filed as a result of the videotape or film, if the videotape or film records the actual happening of an accident involving a motor vehicle; d. After all appeals have been exhausted arising from any criminal or traffic case filed as a result of the videota pe; e. At the conclusion of any civil case arising from events depicted on the videotape or film; or f. At the conclusion of the exhaustion of all appeals arising from any law enforcement agency administrative proceedings arising from events depicted on the videotape or film; and 7. Public officials or employees utilizing or showing recordings other than as permitted in this chapter or permitting others to do so shall be guilty of official misconduct in the first degree under KRS 522.020. (3) When a peace officer makes a videotape or film recording of any transaction covered by subsection (2) of this section and a citation is issued or an arrest is made, the peace officer shall note on the uniform citation that a videotape has been made of the transaction. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 193, sec. 2, effective July 15, 2026. -- Amended 2019 Ky. Acts ch. 103, sec. 8, effective July 1, 2020. -- Amended 2000 Ky. Acts ch. 467, sec. 24, effective October 1, 2000. -- Created 1984 Ky. Acts ch. 165, sec. 10, effective July 13, 1984.

KRS 189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing

189A.103. Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing The following provisions shall apply to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle in this Commonwealth: (1) He or she has given his or her consent to one (1) or more tests of his or her blood, breath, and urine, or combination thereof, for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability, if an officer has reasonable grounds to believe that a violation of KRS 189A.010(1) or 189.520(1) has occurred; (2) Any person who is dead, unconscious, or otherwise in a condition r endering him or her incapable of refusal is deemed not to have withdrawn the consent provided in subsection (1) of this section, and the test may be given; (3) (a) The breath, blood, and urine tests administered pursuant to this section shall be administered at the direction of a peace officer having reasonable grounds to believe the person has committed a violation of KRS 189A.010(1) or 189.520(1). (b) Tests of the person's breath, blood, or urine, to be valid pursuant to this section, shall have been performed according to the administrative regulations promulgated by the secretary of the Justice and Public Safety Cabinet, and shall have been performed, as to breath tests, only after a peace officer has had the person under personal observation at the loca tion of the test for a minimum of twenty (20) minutes. (c) All breath tests shall be administered by a peace officer holding a certificate as an operator of a breath analysis instrument, issued by the secretary of the Justice and Public Safety Cabinet or h is or her designee; (4) A breath test shall consist of a test which is performed in accordance with the standard operating procedures adopted by the Department of Criminal Justice Training for the use of the instrument. The secretary of the Justice and Pub lic Safety Cabinet shall keep available for public inspection and provide, upon request and without charge, copies of the standard operating procedures adopted by the Department of Criminal Justice Training for all models of breath testing devices in use by the Commonwealth of Kentucky; (5) When the preliminary breath test, breath test, or other evidence gives the peace officer reasonable grounds to believe there is impairment by a substance which is not subject to testing by a breath test, then blood or ur ine tests, or both, may be required in addition to a breath test, or in lieu of a breath test; (6) Only a physician, registered nurse, phlebotomist, medical technician, or medical technologist not otherwise prohibited by law can withdraw any blood of any person submitting to a test under this section; and (7) After the person has submitted to all alcoho l concentration tests and substance tests requested by the officer, the person tested shall be permitted to have a person listed in subsection (6) of this section of his or her own choosing administer a test or tests in addition to any tests administered a t the direction of the peace officer. Tests conducted under this section shall be conducted within a reasonable length of time. Provided, however, the nonavailability of the person chosen to administer a test or tests in addition to those administered at the direction of the peace officer within a reasonable time shall not be grounds for rendering inadmissible as evidence the results of the test or tests administered at the direction of the peace officer. Effective: March 27, 2023 History: Amended 2023 Ky. Acts ch. 111, sec. 1, effective March 27, 2023. -- Amended 2022 Ky. Acts ch. 83, sec. 2, effective April 6, 2022. -- Amended 2007 Ky. Acts ch. 85, sec. 214, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 467, sec. 8, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 6, effective July 1, 1991. Legislative Research Commission Note (3/27/2023). 2023 Ky. Acts ch. 111, sec. 4, provides that the Act, which amended this statute and KRS 189A.110 and created KRS 507.060, may be cited as Lily's Law.

KRS 189A.104 Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A

189A.104. Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A (1) The only alcohol or substance testing that is subject to refusal or enhancement of penalties provided for in this chapter is: (a) Breath analysis testing by an instrument installed, tested, and maintained by the Commonwealth for that specific purpose at a police station or detention facility; (b) Blood or urine testing at the request of the officer at a police station, detention facility, or medical facility; or (c) Combination of tests required in paragraphs (a) or (b) of this subsection. (2) The results of any breath analysis by an instrument other than one specified in subsection (1) of this section shall be inadmissible in court. Effective:April 6, 2022 History: Amended 2022 Ky. Acts ch. 83, sec. 3, effective April 6, 2022. -- Created 2000 Ky. Acts ch. 467, sec. 30, effective October 1, 2000.

KRS 189A.105 Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Withdrawal of blood sample -- Right to consult attorney before submitting to tests -- Personal testing option

189A.105. Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Withdrawal of blood sample -- Right to consult attorney before submitting to tests -- Personal testing option (1) A person's refusal to submit to tests under KRS 189A.103 shall result in suspension of his or her driving privilege as provided in this chapter. (2) (a) At the time a breathor blood test is requested, the person shall be informed that: 1. If the person refuses to submit to a breath test: a. The fact of this refusal may be used against him or her in court as evidence of violating KRS 189A.010 and will result in suspension of his or her driver's license by the court at the time of arraignment; and b. If the person is subsequently convicted of violating KRS 189A.010(1): i. For a second or third time within a ten (10) year period, he or she will be subject to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if he or she submits to the tests; and ii. His or her license will be suspended by the Transportation Cabinet; 2. If the person refuses to submit to a blood test: a. The fact of this refusal shall not be used against him or her in court as evidence of violating KRS 189A.010 but will result in suspension of his or her driver's license by the court at the time of arraignment; and b. If the person is subsequently convicte d of violating KRS 189A.010(1), his or her license will be suspended by the Transportation Cabinet; 3. If a test is taken: a. The results of the test may be used against the person in court as evidence of violating KRS 189A.010(1); and b. The person has the right to have a test or tests of his or her blood performed by a person of his or her choosing described in KRS 189A.103 within a reasonable time of his or her arrest at the expense of the person arrested; and 4. Although his or her license will be suspe nded, he or she may be eligible immediately for an ignition interlock license allowing him or her to drive during the period of suspension and, if he or she is convicted, he or she will receive a credit toward any other ignition interlock requirement arising from this arrest. (b) This subsection shall not be construed to prohibit a judge of a court of competent jurisdiction from issuing a search warrant or other court order requiring a blood test of a defendant charged with a violation of KRS 189A.010, or other statutory violation arising from the incident. However, if the incident involves a motor vehicle accident in which there was a fatality, the investigating peace officer shall seek a search warrant for blood testing unless the testing has already been done by consent. If testing done pursuant to a warrant reveals the presence of alcohol or any other substance that impaired the driving ability of a person who is charged and convicted of a violation of KRS 189A.010(1), the sentencing court shall require, in addition to any other sentencing provision, that the defendant make restitution to the Commonwealth for the cost of the testing. (c) 1. When directed by a peace officer pursuant to a search warrant or other court order issued under this subsection, a qualified medical professional shall withdraw the sample of blood as soon as practicable and shall deliver the sample to the requesting peace officer, or other peace officer as directed by the requesting peace officer, if the collection of the sample does not jeopardize the person's life, cause serious injury to the person, or seriously impede the person's medical assessment, care, or treatment. 2. The qualified medical professional authorized to withdraw the blood sample and the medical care facility where the blood sample is drawn shall be considered as acting in good faith once presented with a search warrant or other court order issued under this subsection. The qualified medical professional shall not require the person that is the subject of the test or tests to provide any additional consent. 3. A qualified medical professional who administers any test under this paragraph upon the request of a peace officer, and a medical care facility where any test under this paragraph may be performed, shall not be criminally liable solely for administering the requested test or civilly liable for damages to the person tested solely for administering the requested test except in cases of gross negligence or willful or wanton misconduct. (d) If the person is not informed of the provisions of paragraph (a) of this subsection prior to the request for a breath or blood test, the person shall not have his or her: 1. Refusal to submit to a breath or blood test used: a. Against him or her in court as evidence of violating KRS 189A.010; or b. As an aggravating circumstance under KRS 189A.010(11); or 2. License suspended by the court at the time of arraignment. (3) During the period immediately preceding the administration of any test, the person shall be afforded an opportunity of at least ten (10) minutes but not more than fifteen (15) minutes to attempt to contact and communicate with an attorney and shall be informed of this right. Inability to communicate with an attorney during this period shall not be deemed to relieve the person of his or her obligation to submit to the tests and the penalties specified by KRS 189A.010 and 189A.107 shall remain applicable to the person upon refusal. This section shall not be deemed to create a right to have an attorney present during the administration of the tests, but the person's attorney may be present if the attorney can physically appear at the location where the test is to be administered within the time period established in this section. (4) Immediately following the administration of the final test requested by the officer, the person shall again be informed of his or her right to have a test or tests of his or her blood performed by a person of his or her choosing described in KRS 189A.103 within a reasonable time of his or her arrest at the expense of the person arrested. He or she shall then be asked, "Do you want such a test?" The officer shall make reasonable efforts to provide transportation to the tests. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 193, sec. 3, effective July 15, 2026. -- Amended 2023 Ky. Acts ch. 163, sec. 2, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 83, sec. 4, effective April 6, 2022. -- Amended 2019 Ky. Acts ch. 103, sec. 9, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 5, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 23, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 116, sec. 2, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 467, sec. 9, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 7, effective July 1, 1991.

KRS 189A.107 License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet

189A.107. License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet (1) A person who refuses to submit to an alcohol concentration or substance test requested by an officer having reasonable grounds to believe that the person violated KRS 189A.010(1) shall have his or her driver's license suspended during the pendency of the action as provided in KRS 189A.200. (2) (a) In the event a defendant is not convicted of a violation of KRS 189A.010(1) in a case in which it is alleged that he or she refused to take an alcohol concentration or substance test, upon motion of the attorney for the Commonwealth, the court shall conduct a hearing, without a jury, to determine by clear and convincing evidence if the person actually refused the testing. However, the hearing shall not be required if the court has made a previous determination of the issue at a hearing held under KRS 189A.200 and 189A.220. (b) If the court finds that the person did refuse to submit to a breath, blood, or urine test, the court shall suspend the person's driver's license for the period of time the license would have been suspended upon conviction as set forth in KRS 189A.070(1), except that the court may authorize the person to apply to the Transportation Cabinet for issuance of an ignition interlock license under KRS 189A.340 for the period of the suspension. (c) When the court orders the suspension of a person's license pursuant to this subsection, the person shall surrender the license in the same manner prescribed by KRS 189A.200(4). In addition, notice of the suspension shall be immediately transmitted to the Transportation Cabinet. Effective:April 6, 2022 History: Amended 2022 Ky. Acts ch. 83, sec. 5, effective April 6, 2022. -- Amended 2019 Ky. Acts ch. 103, sec. 10, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 6, effective June 24, 2015. -- Amended 2000 Ky. Acts ch. 467, sec. 10, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.

KRS 189A.110 Minimum detention in custody of any person arrested for violation of KRS 189A.010

189A.110. Minimum detention in custody of any person arrested for violation of KRS 189A.010 Any person who is arrested for a violation of KRS 189A.010 shall be detained in custody at least six (6) hours following his or her arrest. Effective: March 27, 2023 History: Amended 2023 Ky. Acts ch. 111, sec. 2, effective March 27, 2023. -- Amended 2022 Ky. Acts ch. 83, sec. 6, effective April 6, 2022. -- Created 1984 Ky. Acts ch. 165, sec. 11, effective July 13, 1984. Legislative Research Commission Note (3/27/2023). 2023 Ky. Acts ch. 111, sec. 4, provides that the Act, which amended this statute and KRS 189A.103 and created KRS 507.060, may be cited as Lily's Law.

KRS 189A.120 Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments

189A.120. Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments (1) When an alcohol concentration for a person twenty-one (21) years of age or older in a prosecution for violation of KRS 189A.010 is 0.08 or above, is 0.02 or above for a person under the age of twenty-one (21), or when the defendant, regardless of age, has refused to take an alcohol concentration or substance test, a prosecuting attorney shall not agree to the amendment of the charge to a lesser offense and shall oppose the amendment of the charge at trial, unless all prosecution witnesses are, and it is expected they will continue to be, unavailable for trial. (2) A prosecuting attorney shall not amend a blood alcohol concentration, and he or she shall oppose the amendment of the percentage, unless uncontroverted scientific evidence is presented that the test results were in error. In those cases, the prosecutor shall state his or her reasons for agreeing with the amendment, and the scientific data upon which the amendment was made shall be made a part of the record in this case. (3) The record of charges and disposition thereof, including reasons for amending the charges, shall be transmitted by the court to the Justice and Public Safety Cabinet for inclusion in the centralized criminal history record information system under KRS 17.150. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 215, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 467, sec. 11, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 13, effective October 1, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 17, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 12, effective July 13, 1984.

KRS 189A.130 Assessment of fines -- Response to nonpayment

189A.130. Assessment of fines -- Response to nonpayment Fines levied pursuant to this chapter shall be assessed in the manner required by KRS 534.020 (but in amounts consistent with this chapter) and the response to nonpayment of fines shall be governed by KRS 534.020 and 534.060. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 11, effective June 29, 2017. -- Created 1984 Ky. Acts ch. 165, sec. 20(24), effective July 13, 1984.

KRS 189A.200 Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person -- Hearing -- Length of suspension -- When application for ignition interlock license required

189A.200. Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person -- Hearing -- Length of suspension -- When application for ignition interlock license required (1) The court shall at the arraignment or as soon as such relevant information becomes available suspend the motor vehicle operator's license and motorcycle operator's license and driving privileges of any person charged with a violation of KRS 189A.010(1) who: (a) Has refused to take an alcohol concentration or substance test as reflected on the uniform citation form; (b) Has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his or her operator's license suspended on one (1) or more occasions for refusing to take an alcohol concentration or substance test, in the ten (10) year period immediately preceding his or her arrest; or (c) Was involved in an accident that resulted in death or serious physical injury as defined in KRS 500.080 to a person other than the defendant. (2) Persons whose licenses have been suspended pursuant to this section may file a motion for judicial review of the suspension, and the court shall conduct the review in accordance with this chapter within thirty (30) days after the filing of the motion. The court shall, at the time of the suspension, advise the defendant of his rights to the review. (3) When the court orders the suspension of a license pursuant to: (a) Subsection (1)(a) of this section, the court may, in addition to any other conditions the court may order, require that the person apply to the Transportation Cabinet for issuance of an ignition interlock license under KRS 189A.340 for the period of the suspension; (b) Subsection (1)(b) or (c) of this section, the court shall, in addition to any other conditions the court may order, require that the person apply to the Transportation Cabinet for issuance of an ignition interlock license under KRS 189A.340 for the period of suspension; and (c) Subsection (1) of this section and the person is required to apply for an ignition interlock license pursuant to paragraph (a) or (b) of this subsection, the person shall present the completed ignition interlock license application to the court. (4) When the court orders the suspension of a license pursuant to this section, the defendant shall immediately surrender his or her license to operate a motor vehicle or motorcycle to the court. Should the defendant fail to surrender his or her license to the court, the court shall issue an order directing the sheriff or any other peace officer to seize the license forthwith and deliver it to the court. If the license is currently under suspension, the provisions of this subsection shall not apply. (5) The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet: (a) Any license surrendered pursuant to this section; and (b) If the court ordered a person to apply for an ignition interlock device under subsection (3) of this section, notification of the order. (6) Licenses suspended under this section shall remain suspended until: (a) The person is acquitted; (b) All pending or current charges relating to a violation of KRS 189A.010 have been dismissed; or (c) The person is convicted and the Transportation Cabinet has suspended his or her license pursuant to KRS 189A.070; but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 or 189A.107. (7) Any person whose operator's license has been suspended pursuant to this section shall be given credit for all pretrial suspension time against the period of suspension imposed under KRS 189A.070. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 11, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 4, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 7, effective June 24, 2015. -- Amended 2000 Ky. Acts ch. 467, sec. 13, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 14, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 9, effective July 1, 1991. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 4 of that Act.

KRS 189A.210 Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired

189A.210. Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired When a defendant is arrested upon a charge of violating KRS 189A.010(1), the court clerk shall obtain forthwith the information from the defendant's driving history record and make it a part of the record of the case. Effective: July 1, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 23, effective July 1, 1991.

KRS 189A.220 Judicial review of pretrial license suspension for test refusal

189A.220. Judicial review of pretrial license suspension for test refusal In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test under KRS 189A.200(1)(a), if the court determines, by the preponderance of the evidence, that: (1) The person was charged and arrested by a peace officer with violation of KRS 189A.010(1); (2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1); (3) The person was advised of the implied consent law pursuant to KRS 189A.105; (4) The peace officer requested the person to take the test or tests pursuant to KRS 189A.103; and (5) The person refused to take a test requested by a peace officer pursuant to KRS 189A.103; then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 12, effective July 1, 2020. -- Amended 2000 Ky. Acts ch. 467, sec. 14, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 10, effective July 1, 1991.

KRS 189A.240 Judicial review of pretrial license suspension for repeat offender

189A.240. Judicial review of pretrial license suspension for repeat offender In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the court determines by a preponderance of the evidence that: (1) The person was charged and arrested by a peace officer with a violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) as charged; and (4) The person has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license suspended on one (1) or more occasions for refusing to take an alcohol concentration or substance test, in the ten (10) year period immediately preceding his or her arrest; then the court shall continue to suspend the person's operator's license or privilege to operate a motor vehicle, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107. The provisions of this section shall not be construed as limiting the person's ability to challenge any prior convictions or license suspensions or refusals. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 13, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 5, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 13, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 24, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 467, sec. 21, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 15, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 12, effective July 1, 1991. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 5 of that Act.

KRS 189A.250 Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person

189A.250. Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(c), if the court determines by a preponderance of the evidence that: (1) The person was charged and arrested by a peace officer with violation of KRS 189A.010; (2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010; (3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1) as charged; and (4) There is probable cause to believe that the person was involved in an accident that resulted in death or serious physical injury as defined in KRS 500.080 to a person other than the defendant; then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 14, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 14, effective June 24, 2015. -- Created 2000 Ky. Acts ch. 467, sec. 15, effective October 1, 2000.

KRS 189A.300 Provision of alcohol test instruments to counties

189A.300. Provision of alcohol test instruments to counties The Commonwealth shall provide at least one (1) breath alcohol analysis and simulating unit for each county, paid for by state funds received pursuant to the service fee levied in KRS 189A.050. All units shall be approved by the secretary of the Justice and Public Safety Cabinet or his or her designee. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 216, effective June 26, 2007. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 8, effective July 1, 1991.

KRS 189A.310 Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard

189A.310. Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard (1) A court may, upon application of the defendant or attorney for the Commonwealth or upon its own motion, and if the facts of the case so indicate, order that a prior conviction not meeting applicable case law regarding admissibility of a prior conviction cannot be used to enhance criminal penalties including license suspensions or revocations, or for other purposes for which such a conviction might be used. (2) The Transportation Cabinet shall give full faith and credit to any court decision meeting the requirements of this section. Effective: October 1, 2000 History: Amended 2000 Ky. Acts ch. 467, sec. 16, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 14, effective July 1, 1991.

KRS 189A.330 Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice

189A.330. Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice (1) The clerk of the court in which hearings for violation of KRS 189A.010 are heard shall report to the Administrative Office of the Courts on or within five (5) working days of January 1, April 1, July 1, and October 1 of each year the cases involving violations of KRS 189A.010 which have not resulted in a final ruling by the court within one hundred eighty (180) days of the date upon which the person was charged with a violation of KRS 189A.010. (2) The Administrative Office of the Courts shall forward a copy of the lists of these cases to the Chief Justice and the Office of the Attorney General. (3) Upon a determination that there is sufficient cause, the Office of the Attorney General may appoint a special prosecutor or prosecutors to assist in the disposition of these cases within a reasonable time period. (4) The Chief Justice may take actions deemed necessary and reasonable to facilitate the resolution of these cases within a reasonable time period. Effective:April 9, 2016 History: Amended 2016 Ky. Acts ch. 85, sec. 6, effective April 9, 2016. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 18, effective July 1, 1991. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 6 of that Act.

KRS 189A.340 Ignition interlock licenses -- Provider fees

189A.340. Ignition interlock licenses -- Provider fees (1) (a) If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole license the person shall be eligible for is an ignition interlock license pursuant to this section. (b) If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall be eligible for an ignition interlock license pursuant to this section and may be eligible for a hardship license pursuant to KRS 189A.410. (2) (a) A person may apply for an ignition interlock license anytime, including after receiving the notices under KRS 189A.105 or after his or her license has been suspended pursuant to this chapter. (b) If at the time the person applies for an ignition interlock license, the person's license has been suspended pursuant to this chapter, the person shall be authorized to drive to: 1. An ignition interlock device provider to have a functioning ignition interlock device installed in his or her motor vehicle or motorcycle; and 2. The Transportation Cabinet to obtain an ignition interlock license; This paragraph shall only apply within fourteen (14) days of the date printed on the ignition interlock approval letter issued by the Transportation Cabinet and if the person has the ignition interlock approval letter in the motor vehicle or motorcycle. (3) Before the Transportation Cabinet shall issue an ignition interlock license, the person shall: (a) Submit an application for an ignition interlock license; (b) Provide proof of motor vehicle insurance; (c) Provide an ignition interlock certificate of installation issued by an ignition interlock device provider; and (d) Provide any other information required by administrative regulations promulgated by the Transportation Cabinet under KRS 189A.350. (4) An ignition interlock license shall restrict the person to operating only a motor vehicle or motorcycle equipped with a functioning ignition interlock device, unless the person qualifies for an employer exemption under subsection (6) of this section. This restriction shall remain in place for: (a) If a person's license was suspended pretrial pursuant to KRS 189A.200, the required suspension period under KRS 189A.200(6); (b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107: 1. The required suspension period under KRS 189A.070(1); and 2. a. If the maximum suspension period under KRS 189A.070(1)(a) has not yet been met, until the Transportation Cabinet has received a declaration from the person's ignition interlock device provider, in a form provided or approved by the cabinet, certifying that none of the violations outlined in subdivision b. of this subparagraph has occurred: i. For a first offense within a ten (10) year period of KRS 189A.010(1)(a), (b), (c), (d), or (e) or for any offense of KRS 189A.010(1)(f), in the ninety (90) consecutive days; and ii. For all subsequent offenses within a ten (10) year period of KRS 189A.010(1)(a), (b), (c), (d), or (e), one hundred twenty (120) consecutive days; prior to the date of releasing the ignition interlock device restriction. b. If any of the following occur, it shall be a violation of the ninety (90) or one hundred twenty (120) consecutive day requirement: i. Failure to take any random breath alcohol concentration test unless a review of the digital image confirms that the motor vehicle or motorcycle was not occupied by a driver at the time of the missed test; ii. Failure to pass any random retest with a breath alcohol concentration of 0.02 or lower unless a subsequent test performed within ten (10) minutes registers a breath alcohol concentration lower than 0.02, and the digital image confirms the same person provided both samples; iii. Failure of the person, or his or her designee, to appear at the ignition interlock device provider when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; iv. Failure of the person to pay fees established pursuant to subsection (7) of this section; v. Tampering with an installed ignition interlock device with the intent of rendering it defective; or vi. Altering, concealing, hiding, or attempting to alter, conceal, or hide, the person's identity from the ignition interlock device's camera while providing a breath sample; (c) If a person's license was suspended pursuant to KRS 189A.090, for the required suspension period under KRS 189A.090(2); or (d) If a person's license suspension was extended pursuant to KRS 189A.345, the required suspension period under KRS 189A.345(1). (5) (a) The time period a person: 1. Holds a valid ignition interlock license pursuant to this section; or 2. Receives alcohol or substance abuse treatment in an inpatient residential facility; shall apply on a day-for-day basis toward satisfying the suspension periods detailed in subsection (4) of this section. (b) Except as provided in paragraph (c) of this subsection, the Transportation Cabinet shall give the person a day-for-day credit for any time period the person: 1. Held a valid ignition interlock license; or 2. Received alcohol or substance abuse treatment in an inpatient residential facility. (c) A person shall not receive day-for-day credit for days the person utilized the employer exemption in accordance with subsection (6) of this section and drove an employer's motor vehicle or motorcycle not equipped with a functioning ignition interlock device. (6) (a) A person with an ignition interlock license may operate a motor vehicle or motorcycle not equipped with a functioning ignition interlock device if: 1. The person is required to operate an employer's motor vehicle or motorcycle in the course and scope of employment; and 2. The business entity that owns the motor vehicle or motorcycle is not owned or controlled by the person. (b) To qualify for the employer exemption, the person shall provide the Transportation Cabinet with a sworn statement from his or her employer stating that the person and business entity meet the requirements of paragraph (a) of this subsection. (7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock device provider may charge the following fees: 1. An installation fee for an alternative fuel vehicle or a vehicle with a push button starter not to exceed one hundred thirty dollars ($130), an installation fee for all other vehicles not to exceed one hundred dollars ($100); 2. A monthly fee not to exceed one hundred dollars ($100); 3. A removal fee not to exceed thirty dollars ($30); 4. A reset fee not to exceed fifty dollars ($50); or 5. A missed appointment fee not to exceed thirty-five dollars ($35). (b) A person who is issued an ignition interlock license shall pay fees as established in his or her lease agreement with the ignition interlock device provider for any ignition interlock device installed in his or her motor vehicle or motorcycle. However, the fees shall never be more than allowed under paragraph (a) of this subsection and are subject to paragraph (c) of this subsection. (c) Any person who has an income: 1. At or below two hundred percent (200%) but above one hundred fifty percent (150%) of the federal poverty guidelines, shall pay only seventy- five percent (75%) of fees established pursuant to paragraph (a) of this subsection; 2. At or below one hundred fifty percent (150%) but above one hundred percent (100%) of the federal poverty guidelines, shall pay only fifty percent (50%) of fees established pursuant to paragraph (a) of this subsection; or 3. At or below one hundred percent (100%) of the federal poverty guidelines, shall pay only twenty-five percent (25%) of fees established pursuant to paragraph (a) of this subsection; As used in this paragraph, "federal poverty guidelines" has the same meaning as in KRS 205.5621. The Transportation Cabinet shall determine the person's income and where that income places the person on the federal poverty guidelines. (d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state or local government shall be responsible for payment of any costs associated with an ignition interlock device. (8) For a person issued an ignition interlock license under this section who is residing outside of Kentucky, the Transportation Cabinet may accept an ignition interlock certificate of installation from an ignition interlock device provider authorized to do business in the state where the person resides if the ignition interlock device meets the requirements of that state. Effective: July 1, 2020 History: Amended 2020 Ky. Acts ch. 51, sec. 27, effective July 1, 2020. -- Repealed and reenacted 2019 Ky. Acts ch. 103, sec. 15, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 7, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 8, effective June 24, 2015. -- Amended 2002 Ky. Acts ch. 171, sec. 4, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 467, sec. 27, effective October 1, 2000. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 7 of that Act. Legislative Research Commission Note (6/24/2015). During codification, the Reviser of Statutes has changed the numbering of subsection (1) of this statute from the way it appeared in 2015 Ky. Acts ch. 124, sec. 8. None of the text of the subsection was changed. Legislative Research Commission Note (6/24/2015). During codification, the Reviser of Statutes has corrected a manifest clerical or typographical error in subsection (1) of this statute from the way it appeared in 2015 Ky. Acts ch. 124, sec. 8 by changing a citation to "KRS 189A.010(a), (b), (e), or (f)" to read "KRS 189A.010(1)(a), (b), (e), or (f)." None of the text of the subsection was changed.

KRS 189A.345 Prohibition against use of vehicle other than for purpose authorized by ignition interlock license -- Penalties for unlawful acts relating to ignition interlock licenses and devices

189A.345. Prohibition against use of vehicle other than for purpose authorized by ignition interlock license -- Penalties for unlawful acts relating to ignition interlock licenses and devices (1) (a) No person who is issued an ignition interlock license under KRS 189A.340 shall operate a motor vehicle or motorcycle without a functioning ignition interlock device or at any time, place, or for any purpose other than authorized under KRS 189A.340. (b) Any person who violates paragraph (a) of this subsection shall be guilty of a Class A misdemeanor, and shall have his or her license suspended by the Transportation Cabinet for the initial period of suspension under KRS 189A.070 for an additional six (6) months. (2) (a) No person who is issued an ignition interlock license under KRS 189A.340 shall request, permit, or allow another person to: 1. Start a motor vehicle or motorcycle equipped with an ignition interlock device; or 2. Take a subsequent breath alcohol concentration test; for the purpose of providing an operable motor vehicle or motorcycle for that person subject to the ignition interlock license to drive in violation of KRS 189A.340. (b) Any person who violates paragraph (a) of this subsection shall: 1. For a first offense, be guilty of a Class B misdemeanor; and 2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (3) (a) No person shall start a motor vehicle or motorcycle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle or motorcycle to a person subject to the prohibition established in KRS 189A.340. (b) Any person who violates paragraph (a) of this subsection shall: 1. For a first offense, be guilty of a Class B misdemeanor; and 2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (4) (a) No person shall: 1. Knowingly install a defective ignition interlock device on a motor vehicle or motorcycle; 2. Tamper with an installed ignition interlock device with the intent of rendering it defective; or 3. Alter, conceal, hide, or attempt to alter, conceal, or hide, the person's identity from the ignition interlock device's camera while providing a breath sample. (b) Any person who violates paragraph (a) of this subsection shall: 1. For a first offense, be guilty of a Class B misdemeanor; and 2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from installing ignition interlock devices or directing others in the installation of ignition interlock devices. (5) (a) No person shall direct another person to install a defective ignition interlock device on a motor vehicle or motorcycle when the person giving the direction knows that the ignition interlock device is defective. (b) Any person who violates paragraph (a) of this subsection shall: 1. For a first offense, be guilty of a Class B misdemeanor; and 2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from directing others in the installation of ignition interlock devices or installing ignition interlock devices. (6) (a) No person shall knowingly assist a person who is issued an ignition interlock license in making a false statement in order to qualify for the employer exemption under KRS 189A.340(6). (b) Any person who violates paragraph (a) of this subsection, is guilty of a Class A misdemeanor and shall have his or her motor vehicle or motorcycle operator's license suspended by the Transportation Cabinet for six (6) months. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 16, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 9, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 71, sec. 9, effective July 15, 2014. -- Amended 2006 Ky. Acts ch. 173, sec. 31, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 171, sec. 5, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 467, sec. 28, effective October 1, 2000.

KRS 189A.350 Administrative regulations promulgated by Transportation Cabinet for ignition interlock licenses, devices, and providers -- Certification of devices and device providers -- Provider contract provisions -- Transportation Cabinet's power to require ignition interlock device providers to pay certain fees -- Fees collected to be paid to ignition interlock administration fund

189A.350. Administrative regulations promulgated by Transportation Cabinet for ignition interlock licenses, devices, and providers -- Certification of devices and device providers -- Provider contract provisions -- Transportation Cabinet's power to require ignition interlock device providers to pay certain fees -- Fees collected to be paid to ignition interlock administration fund (1) (a) The Transportation Cabinet shall: 1. Issue ignition interlock license application forms and other forms necessary for the implementation of ignition interlock licenses; 2. Create a uniform ignition interlock certificate of installation to be provided to a defendant by an ignition interlock provider upon installation of an ignition interlock device; 3. Create an ignition interlock license. The ignition interlock license may be a regular driver's or operator's license with an ignition interlock restriction printed on the license; 4. Require a person issued an ignition interlock license to maintain motor vehicle insurance for the duration of his or her ignition interlock license; 5. Certify ignition interlock devices approved for use in the Commonwealth; 6. Publish and periodically update on the Transportation Cabinet Web site a list of contact information, including a link to the Web site of each certified ignition interlock device provider, with the entity appearing first on the list changing on a statistically random basis each time a unique visitor visits the list of the approved ignition interlock installers and the approved servicing and monitoring entities; 7. Monitor the ignition interlock device service locations of providers and create a random or designated selection process to require a provider to provide ignition interlock device services in any area of the Commonwealth which the Transportation Cabinet determines is underserved by providers; and 8. Except as provided in paragraph (b) of this subsection, promulgate administrative regulations to carry out the provisions of this section. (b) The Transportation Cabinet shall not create any ignition interlock license or device violations in administrative regulations. The sole ignition interlock license or device violations are established in this chapter. (2) No model of ignition interlock device shall be certified for use in the Commonwealth unless it meets or exceeds standards promulgated by the Transportation Cabinet pursuant to this section. (3) In bidding for a contract with the Transportation Cabinet to provide ignition interlock devices and servicing or monitoring or both, the ignition interlock device provider shall take into account that some defendants will not be able to pay the full amount of the fees established pursuant to KRS 189A.340(7)(a). (4) Any contract between the cabinet and an ignition interlock device provider shall include the following: (a) A requirement that the provider accept reduced payments as a full payment for all purposes from persons determined to be at or below two hundred percent (200%) of the federal poverty guidelines by the Transportation Cabinet as provided by KRS 189A.340(7)(c); (b) A requirement that no unit of state or local government and no public officer or employee shall be liable for the cost of purchasing or installing the ignition interlock device or associated costs; (c) A requirement that the provider agree to a price for the cost of leasing or purchasing an ignition interlock device and any associated servicing or monitoring fees during the duration of the contract. This price shall not be increased but may be reduced during the duration of the contract; (d) Requirements and standards for the servicing, inspection, and monitoring of the ignition interlock device; (e) Provisions for training for service center technicians and clients; (f) A requirement that the provider electronically transmit reports on driving activity within seven (7) days of servicing an ignition interlock device to the Transportation Cabinet, prosecuting attorney, and defendant; (g) Requirements for a transition plan for the ignition interlock device provider before the provider leaves the state to ensure that continuous monitoring is achieved and to provide a minimum forty-five (45) day notice to the cabinet of any material change to the design of the ignition interlock device, or any changes to the provider's installation, servicing, or monitoring capabilities; (h) A requirement that, before beginning work, the ignition interlock device provider have and maintain insurance as approved by the cabinet, including provider's public liability and property damage insurance, in an amount determined by the cabinet, that covers the cost of defects or problems with product design, materials, workmanship during manufacture, calibration, installation, device removal, or any use thereof; (i) A provision requiring that an ignition interlock provider agree to hold harmless and indemnify any unit of state or local government, public officer, or employee from all claims, demands, and actions, as a result of damage or injury to persons or property which may arise, directly or indirectly, out of any action or omission by the ignition interlock provider relating to the installation, service, repair, use, or removal of an ignition interlock device; (j) A requirement that a warning label to be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person who tampers with, circumvents, or otherwise misuse the device commits a violation of law under KRS 189A.345; (k) A requirement that a provider will remove an ignition interlock device without cost, if the device is found to be defective; (l) A requirement that a provider have at least one (1) ignition interlock device service location in each Transportation Cabinet highway district; and (m) A requirement that a provider accept assignments to provide ignition interlock device services in areas of the Commonwealth which the Transportation Cabinet determines are underserved by providers in accordance with subsection (1) of this section. (5) (a) The Transportation Cabinet may require ignition interlock device providers to pay the following fees: 1. An application fee not to exceed five hundred dollars ($500); 2. An annual renewal fee not to exceed two hundred dollars ($200); 3. An annual service inspection fee not to exceed one hundred dollars ($100); or 4. A revisit fee for a failed inspection not to exceed one hundred fifty dollars ($150). (b) Any fees collected pursuant to this subsection shall be paid to the ignition interlock administration fund established in KRS 189A.380. Effective: July 1, 2020 History: Amended 2020 Ky. Acts ch. 91, sec. 37, effective July 1, 2020. -- Repealed, reenacted as KRS 189A.350, and amended 2019 Ky. Acts. ch. 103, sec. 17, effective July 1, 2020 -- Created 2015 Ky. Acts ch. 124, sec. 15, effective June 24, 2015. Formerly codified as 189A.500

KRS 189A.370 Administrative appeals process for ignition interlock license

189A.370. Administrative appeals process for ignition interlock license (1) (a) In every instance where the Transportation Cabinet takes action which affects: 1. A person's eligibility for an ignition interlock license; 2. The calculation of a person's ninety (90) or one hundred twenty (120) consecutive days; 3. The calculation of a person's day-for-day credit; 4. A person's eligibility for an employer exemption; or 5. The calculation of a person's income and where that income places the person on the federal poverty guidelines; under KRS 189A.340, that action shall include a letter that notifies the person of the action, informs the person of the basis of the action, and informs the person of his or her right to request an informal hearing within twenty (20) days of receiving the notice. (b) The informal hearing shall be scheduled as early as practical within twenty (20) days after receipt of the request at a time and place designated by the cabinet. (c) The informal hearing shall be conducted by a hearing officer designated by the commissioner and shall adhere to the requirements of KRS 13B.090. At the hearing, the complainant shall be given a statement of why the cabinet took the action, and both the cabinet and the complainant shall have the right to be advised by an attorney with the burden of proof resting with the complainant. After the hearing, the hearing officer shall prepare a written report of the hearing with a recommended decision to the commissioner. The final decision shall be made by the commissioner. As used in this paragraph, "commissioner" means the commissioner of the cabinet's Office of Vehicle Regulation. (2) An aggrieved party may file a request for reconsideration of the commissioner's final decision with the cabinet's Office of Legal Services within twenty (20) days after receipt of the informal hearing decision. The Office of Legal Services shall issue a decision within twenty (20) days after receipt of the request. (3) An aggrieved party may appeal the Office of Legal Services' decision within twenty (20) days after receipt of the decision, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 1, 2020 History: Created 2019 Ky. Acts ch. 103, sec. 19, effective July 1, 2020.

KRS 189A.380 Ignition interlock administration fund

189A.380. Ignition interlock administration fund (1) The ignition interlock administration fund is created as a restricted fund. The restricted fund shall consist of funds deposited pursuant to KRS 189A.050 and 189A.350. The Transportation Cabinet shall administer the fund. (2) The funds deposited pursuant to: (a) KRS 189A.050 shall be appropriated to the Department of Vehicle Regulation; and (b) KRS 189A.350 shall be appropriated to the Office of Highway Safety; for administrative costs associated with ignition interlock pursuant to this chapter. (3) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in subsection (2) of this section. (4) Any interest earned on moneys in the fund shall become a part of the fund and shall not lapse. Effective: April 15, 2020 History: Created 2020 Ky. Acts ch. 91, sec. 38, effective April 15, 2020.

KRS 189A.400 Sentencing court jurisdiction over issuance of ignition interlock and hardship licenses -- Commonwealth's or county attorney's review of application and right to object

189A.400. Sentencing court jurisdiction over issuance of ignition interlock and hardship licenses -- Commonwealth's or county attorney's review of application and right to object (1) The sentencing court shall have jurisdiction over the issuance of hardship licenses. (2) The Commonwealth's or county attorney shall review applications submitted to the sentencing court and may object to the issuance of hardship licenses. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 20, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 10, effective June 24, 2015. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 24, July 1, 1991.

KRS 189A.410 Hardship license -- Prohibition against issuance when alcohol or substance test refused

189A.410. Hardship license -- Prohibition against issuance when alcohol or substance test refused (1) At any time during the suspension periods enumerated in: (a) KRS 189A.070 for violation of KRS 189A.010(1)(c) or (d); or (b) KRS 189A.090 relating to a violation of KRS 189A.010(1)(c) or (d); the court may grant the person hardship driving privileges for the balance of the suspension period imposed by the Transportation Cabinet, if the court finds reasonable cause to believe that revocation would hinder the person's ability to continue his or her employment; continue attending school or an educational institution; obtain necessary medical care; attend driver improvement, alcohol, or substance abuse education programs; or attend court-ordered counseling or other programs. (2) Before granting hardship driving privileges, the court shall order the person to: (a) Provide the court with proof of motor vehicle insurance; (b) If necessary, provide the court with a written, sworn statement from his or her employer, on a form provided by the cabinet, detailing his or her job, hours of employment, and the necessity for the person to use the employer's motor vehicle either in his or her work at the direction of the employer during working hours, or in travel to and from work if the license is sought for employment purposes; and (c) If the person is self-employed, to provide the information required in paragraph (b) of this subsection together with a sworn statement as to its truth; (d) Provide the court with a written, sworn statement from the school or educational institution which he attends, of his or her class schedule, courses being undertaken, and the necessity for the person to use a motor vehicle in his travel to and from school or other educational institution if the license is sought for educational purposes. Licenses for educational purposes shall not include participation in sports, social, extracurricular, fraternal, or other noneducational activities; (e) Provide the court with a written, sworn statement from a physician, or other medical professional licensed but not certified under the laws of Kentucky, attesting to the person's normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment if the license is sought for medical purposes; (f) Provide the court with a written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which the person is expected to participate in the program, the nature of the program, and the necessity for the person to use a motor vehicle to travel to and from the program if the license is sought for alcohol or substance abuse education or treatment purposes; (g) Provide the court with a copy of any court order relating to treatment, participation in driver improvement programs, or other terms and conditions ordered by the court relating to the person which require him or her to use a motor vehicle in traveling to and from the court-ordered program. The judge shall include in the order the necessity for the use of the motor vehicle; and (h) Provide to the court any information as may be required by administrative regulation of the Transportation Cabinet. (3) The court shall not issue a hardship license to a person who has refused to take an alcohol concentration or substance test or tests offered by a law enforcement officer. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 21, effective July 1, 2020. -- Amended 2016 Ky. Acts ch. 85, sec. 8, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 16, effective June 24, 2015. -- Amended 2002 Ky. Acts ch. 171, sec. 6, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 17, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 16, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 25, effective July 1, 1991. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 8 of that Act.

KRS 189A.440 Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement

189A.440. Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement (1) No person who is issued a hardship license shall operate a motor vehicle at any time, place, or for any purpose other than those authorized upon the face of the hardship license issued under KRS 189A.410. (2) Any defendant who violates the provisions of subsection (1) of this section is guilty of a Class A misdemeanor, and shall have his or her license suspended by the Transportation Cabinet for the initial period of suspension under KRS 189A.070 for an additional six (6) months. (3) Any defendant or any other person who knowingly assists the defendant in making a false application statement is guilty of a Class A misdemeanor and shall have his or her motor vehicle or motorcycle operator's license suspended by the Transportation Cabinet for six (6) months. Effective: July 1, 2020 History: Amended 2019 Ky. Acts ch. 103, sec. 22, effective July 1, 2020. -- Amended 2015 Ky. Acts ch. 124, sec. 12, effective June 24, 2015. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 28, effective July 1, 1991.

KRS 189A.460 Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses

189A.460. Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses The Transportation Cabinet shall promulgate administrative regulations and shall issue hardship license application forms and other forms necessary for the implementation of KRS 189A.400 to 189A.460. Effective: July 1, 1991 History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 30, effective July 1, 1991.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38043Fetched: 10/20/2026