Kentucky Chapter 189A

Kentucky Code Chapter 189A

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 test results – – Presumptions — Penalties — Aggravating circumstances.

(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state: (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), 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. (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 blood or breath shall give rise to the following presumptions: (a) If there was an alcohol concentration of less than 0.05 based upon the definition of alcohol concentration in KRS 189A.005, it shall be presumed that the defendant was not under the influence of alcohol; and (b) If there was an alcohol concentration of 0.05 or greater but less than 0.08 based upon the definition of alcohol concentration in KRS 189A.005, 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. The provisions of 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. (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 five (5) 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 five (5) 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 five (5) 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 ten (10) 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 five (5) 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 state, 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 have his driving privilege or operator’s license suspended by the court for a period of no less than thirty (30) days but no longer than six (6) months, and the person 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). (7)

If the person is under the age of twenty-one (21) and there was an alcohol concentration of 0.08 or greater based on the definition of alcohol concentration in KRS 189A.005, the person shall be subject to the penalties established pursuant to subsection (5) of this section. (8) For a second or third offense within a five (5) 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. 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. 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 five (5) 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 or tests of one’s blood, breath, or urine 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; and (f) Operating a motor vehicle that is transporting a passenger under the 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) Cocaine; (h) Diazepam; (i) Hydrocodone; (j) Meprobamate; (k) Methadone; (l) Methamphetamine; (m) Oxycodone; (n) Promethazine; (o) Propoxyphene; and (p) Zolpidem. Effective: July 15, 2010

History: 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

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.

189A.040 Alcohol or substance abuse treatment and education programs —
Sentencing offenders to programs — Regulation of programs — 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 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.
(6) 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.
(7) 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.
(8) 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 15, 2010
History: 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.

189A.045 Enrollment in alcohol or drug education or treatment programs —
Attendance — Reporting and effect of failure to attend — Reporting of
completion of program.
(1) When a court requires a defendant to enroll in an alcohol or drug 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.
(2) When a defendant enrolls in the program ordered by the court, 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 a drug or alcohol 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 drug 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 drug 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, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 4, effective July 1, 1991.

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 three hundred seventy-five dollars ($375),
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 relating to the method of imposition and KRS 534.060 as to remedies for
nonpayment of the fee.
(3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid
into the general fund, and the remainder of the revenue collected from the service
fee imposed by this section shall be utilized as follows:
(a) Twelve percent (12%) of the amount collected 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%) of the service fee collected pursuant to this section
shall be allocated to the Department for Public Advocacy;
(c) One percent (1%) shall be transferred to the Prosecutor’s Advisory 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%) of the amount collected 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 include 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%) of the amount collected 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 for Public Advocacy; and
(g) The remainder of the amount collected 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: July 12, 2012
History: 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.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts ch.
117, Pt. I, H, 4, (3) at 649.
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.

189A.070 License revocations — Time periods — Completion of alcohol or
substance treatment or education program required before reinstatement.
(1) Unless the person is under eighteen (18) years of age, in addition to the penalties
specified in KRS 189A.010, a person convicted of violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) shall have his or her license to operate a motor
vehicle or motorcycle revoked by the court as follows:
(a) For the first offense within a five (5) year period, for a period of not less than
thirty (30) days nor more than one hundred twenty (120) days;
(b) For the second offense within a five (5) year period, for a period of not less
than twelve (12) months nor more than eighteen (18) months;
(c) For a third offense within a five (5) year period, for a period of not less than
twenty-four (24) months nor more than thirty-six (36) months; and
(d) For a fourth or subsequent offense within a five (5) year period, sixty (60)
months.
(e) For purposes of this section, “offense” shall have the same meaning as
described in KRS 189A.010(5)(e).
(2) In determining the five (5) 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.
(3) In addition to the period of license revocation set forth in subsection (1) or (7) of
this section, no person shall be eligible for reinstatement of his or her full privilege
to operate a motor vehicle until he has completed the alcohol or substance abuse
education or treatment program ordered pursuant to KRS 189A.040.
(4) A person under the age of eighteen (18) who is convicted of violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) shall have his license revoked by the court until
he reaches the age of eighteen (18) or shall have his license revoked as provided in
subsection (1) or (7) of this section, whichever penalty will result in the longer
period of revocation or court-ordered driving conditions.
(5) Licenses revoked pursuant to this chapter shall forthwith be surrendered to the court
upon conviction. The court shall transmit the conviction records, and other
appropriate information to the Transportation Cabinet. A court shall not waive or
stay this procedure.
(6) Should a person convicted under this chapter whose license is revoked fail to
surrender it to the court upon conviction, 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.
(7) After a minimum of twelve (12) months from the effective date of the revocation, a
person whose license has been revoked pursuant to subsection (1)(b), (c), or (d) of
this section may move the court to reduce the period of revocation on a day-for-day
basis for each day the person held a valid ignition interlock license under KRS
189A.420, but in no case shall the reduction reduce the period of ignition interlock
use to less than twelve (12) months. The court may, upon a written finding in the
record for good cause shown, order such a period to be reduced to not less than
twelve (12) months, if:
(a) The person maintained a valid ignition interlock license and did not operate a
motor vehicle or motorcycle without a functioning ignition interlock device as
provided for in KRS 189A.420;
(b) The person did not operate a motor vehicle or motorcycle in violation of any
restrictions specified by the court; and
(c) The functioning ignition interlock device was installed on the motor vehicle or
motorcycle for a period of time not less than twelve (12) months under
subsection (1)(b), (c), or (d) of this section.
(8) Upon a finding of a violation of any of the conditions specified in subsection (7) of
this section or of the order permitting any reduction in a minimum period of
revocation that is issued pursuant thereto, the court shall dissolve such an order and
the person shall receive no credit toward the minimum period of revocation required
under subsection (1)(b), (c), or (d) of this section.
Effective: June 24, 2015
History: 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,
198

189A.085 Surrender and impoundment of motor vehicle license plates — Effect of
issuance of ignition interlock license — Hardship exception for affected
individuals other than offender.
(1) Unless, at the final sentencing hearing of a person who has been convicted of a
second or subsequent offense under KRS 189A.010, the person provides proof that
the requirements of KRS 189A.420 have been met for issuance of an ignition
interlock license, the person shall have the license plate or plates on all of the motor
vehicles owned by him or her, either solely or jointly, impounded by the court of
competent jurisdiction in accordance with the following procedures:
(a) At the final sentencing hearing, the person shall physically surrender any and
all license plate or plates currently in force on any motor vehicle owned either
individually or jointly by him or her to the court. The order of the court
suspending the license plate or plates shall not exceed the time for the
suspension of the motor vehicle operator’s license of the second or subsequent
offender as specified in KRS 189A.070.
(b) The clerk of the court shall retain any surrendered plate or plates and 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
vehicle owned by the second or subsequent offender. Hardship exceptions may be
granted by the court to the second or subsequent 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 vehicles
would pose an undue hardship upon the family members or affected other
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 vehicles of the second or
subsequent offender for their utilization. The second or subsequent offender shall
not be permitted to operate a vehicle for which the license plate has been suspended
or for which a hardship exception has been granted under any circumstances.
(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: June 24, 2015
History: 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.

189A.090 Operating motor vehicle while license is revoked or suspended for
driving under the influence prohibited — Operating motor vehicle without
required ignition interlock license prohibited — Penalties.
(1) No person shall operate or be in physical control of a motor vehicle while his or her
license is revoked or suspended under this chapter, or upon the conclusion of a
license revocation period pursuant to KRS 189A.340 unless the person has his or
her valid ignition interlock license in the person’s possession and the motor vehicle
or motorcycle is equipped with a functioning ignition interlock device as required
by KRS 189A.420.
(2) In addition to any other penalty imposed by the court, any person who violates
subsection (1) of this section shall:
(a) For a first offense within a five (5) year period, be guilty of a Class B
misdemeanor and have his license revoked by the court 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 he shall be guilty of a Class A misdemeanor and have his
license revoked by the court for a period of one (1) year;
(b) For a second offense within a five (5) year period, be guilty of a Class A
misdemeanor and have his license revoked by the court 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 he shall be guilty of a Class D felony and have his license
revoked by the court for a period of two (2) years;
(c) For a third or subsequent offense within a five (5) year period, be guilty of a
Class D felony and have his license revoked by the court 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 he shall be guilty of a Class D felony and have his license
revoked by the court for a period of five (5) years; and
(d) At the sole discretion of the court, in the interest of public safety and upon a
written finding in the record for good cause shown, the court may order that,
following any period of incarceration required for the conviction of an offense
under paragraph (a), (b), or (c) of this subsection, the eligible person is
authorized to apply for and the cabinet shall issue to the person an ignition
interlock license for the remainder of the original period of suspension or
revocation and for the entire period of the new revocation if the person is and
remains otherwise eligible for such license.
(3) The five (5) year period under this section shall be measured in the same manner as
in KRS 189A.070.
(4) Upon a finding of a violation of any of the requirements of an ignition interlock
license, the court shall dissolve such an order and the person shall receive no credit
toward the remaining period of revocation required under subsection (2)(b) or (c) of
this section.
Effective: June 24, 2015
History: 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.

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) Law enforcement agencies may administer preliminary breath tests using devices or
equipment which will ensure an accurate determination of blood alcohol content.
Such tests may be administered in the field to a person suspected of violation of
KRS 189A.010 before the person is arrested. This test may be administered in
addition to any other blood alcohol level test authorized by law. A person’s refusal
to take a preliminary breath test shall not be used against him in a court of law or in
any administrative proceeding.
(2) Law enforcement agencies may record on film or videotape or by other visual and
audible means the pursuit of a violator or suspected violator, the traffic stop, or field
sobriety tests administered at the scene of an arrest for violation of KRS 189A.010
or such tests at a police station, jail, or other suitable facility subject to the
following conditions:
(a) The testing is recorded in its entirety (except for blood alcohol analysis
testing); and
(b) The entire recording of the field sobriety tests and the entire recording of such
portions of the pursuit and traffic stop as were recorded is shown in court
unless the defendant waives the showing of any portions not offered by the
prosecution; and
(c) The entire recording is available to be shown by the defense at trial if the
defendant so desires regardless of whether it was introduced by the
Commonwealth; and
(d) The defendant or his counsel is afforded an opportunity to view the entire
recording a reasonable time before the trial in order to prepare an adequate
defense; and
(e) Recordings shall be used for official purposes only, which shall include:
1. Viewing in court;
2. Viewing by the prosecution and defense in preparation for a trial; and
3. Viewing for purposes of administrative reviews and official
administrative proceedings. Recordings shall otherwise be considered as
confidential records; and
(f) The videotape or film taken in accordance with this section shall, upon order
of the District Court, be destroyed after the later of the following:
1. 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;
2. 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;
3. 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;
4. After all appeals have been exhausted arising from any criminal or
traffic case filed as a result of the videotape;
5. At the conclusion of any civil case arising from events depicted on the
videotape or film; or
6. 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
(g) 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.
(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: October 1, 2000
History: Amended 2000 Ky. Acts ch. 467, sec. 24, effective October 1, 2000. —
Created 1984 Ky. Acts ch. 165, sec. 10, effective July 13, 1984.

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 rendering 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) 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).
(a) 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 location of the test for a
minimum of twenty (20) minutes.
(b) 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 his or her designee;
(4) A breath test shall consist of a test which is performed in accordance with the
manufacturer’s instructions for the use of the instrument. The secretary of the Justice
and Public Safety Cabinet shall keep available for public inspection copies of these
manufacturer’s instructions 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 urine 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 alcohol 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 at 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: June 26, 2007
History: 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.

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 a machine 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: October 1, 2000
History: Created 2000 Ky. Acts ch. 467, sec. 30, effective October 1, 2000.

189A.105 Effect of refusal to submit to tests — Information required to be provided
when tests requested — Ignition interlock license — Court-ordered testing —
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 revocation
of his driving privilege as provided in this chapter.
(2) (a) At the time a breath, blood, or urine test is requested, the person shall be
informed:
1. That, if the person refuses to submit to such tests, the fact of this refusal
may be used against him in court as evidence of violating KRS
189A.010 and will result in revocation of his driver’s license, and if the
person refuses to submit to the tests and is subsequently convicted of
violating KRS 189A.010(1) then he will be subject to a mandatory
minimum jail sentence which is twice as long as the mandatory
minimum jail sentence imposed if he submits to the tests, and that if the
person refuses to submit to the tests his or her license will be suspended
by the court at the time of arraignment, and he or she will be unable to
obtain an ignition interlock license during the suspension period; and
2. That, if a test is taken, the results of the test may be used against him in
court as evidence of violating KRS 189A.010(1), and that although his
or her license will be suspended, 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; and
3. That if the person first submits to the requested alcohol and substance
tests, the person has the right to have a test or tests of his blood
performed by a person of his choosing described in KRS 189A.103
within a reasonable time of his arrest at the expense of the person
arrested.
(b) Nothing in this subsection shall be construed to prohibit a judge of a court of
competent jurisdiction from issuing a search warrant or other court order
requiring a blood or urine test, or a combination thereof, of a defendant
charged with a violation of KRS 189A.010, or other statutory violation arising
from the incident, when a person is killed or suffers physical injury, as defined
in KRS 500.080, as a result of the incident in which the defendant has been
charged. However, if the incident involves a motor vehicle accident in which
there was a fatality, the investigating peace officer shall seek such a search
warrant for blood, breath, or urine 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 with and convicted of an offense arising from the accident, the
sentencing court shall require, in addition to any other sentencing provision,
that the defendant make restitution to the state for the cost of the testing.
(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 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. Nothing in this section shall 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 right to have a test or tests of his blood
performed by a person of his choosing described in KRS 189A.103 within a
reasonable time of his arrest at the expense of the person arrested. He shall then be
asked “Do you want such a test?” The officer shall make reasonable efforts to
provide transportation to the tests.
Effective: June 24, 2015
History: 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.

189A.107 License suspension for refusal to take alcohol or substance tests —
Ignition interlock license — Hearing on alleged refusal –Time period for
suspension.
(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 driver’s license suspended by the court
during the pendency of the action under KRS 189A.200 unless, at the time of
arraignment, the person files a motion with the court waiving the right to judicial
review of the suspension, after which the court, in its discretion, may authorize the
person to apply to the cabinet for issuance of an ignition interlock license under
KRS 189A.420 for the period of the suspension. If the person complies with the
requirements of KRS 189A.420 and is otherwise eligible, the cabinet shall issue the
person an ignition interlock license for the remainder of the suspension period and
apply the court-determined credit on a day-for-day basis for any subsequent ignition
interlock requirement arising from the same incident.
(2) 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 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. If the court finds that the person did refuse to submit
to the testing, the court shall suspend the person’s driver’s license for a period of
time within the time range specified that the license would have been suspended
upon conviction as set forth in KRS 189A.070(1), except that the court, in its
discretion, may authorize the person to apply to the cabinet for issuance of an
ignition interlock license under KRS 189A.420 for the period of the suspension. If
the person complies with the requirements of KRS 189A.420 and is otherwise
eligible, the cabinet shall issue the person an ignition interlock license for the
remainder of the suspension period and grant the person day-for-day credit for any
subsequent ignition interlock requirement arising from the same incident.
Effective: June 24, 2015
History: 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.

189A.110 Minimum detention in custody when blood alcohol reading exceeds .15
percent.
Any person who is arrested for a violation of KRS 189A.010 and who, upon blood
alcohol testing, shows a blood alcohol reading above .15 percent shall be detained in
custody at least four (4) hours following his arrest.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 165, sec. 11, effective July 13, 1984.

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.

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 534.060.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 165, sec. 20(24), effective July 13, 1984

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 for
being a repeat offender — Hearing — Length of suspension — Availability of
ignition interlock license to person waiving right to judicial review of
suspension.
(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 operator’s license revoked or suspended on one
(1) or more occasions for refusing to take an alcohol concentration or
substance test, in the five (5) year period immediately preceding his 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. If the person files a motion with the court waiving the right to judicial
review of the suspension, the court, in its discretion, may authorize the person to
apply to the cabinet for issuance of an ignition interlock license under KRS
189A.420 for the period of the suspension. If the person complies with KRS
189A.420 and is otherwise eligible, the cabinet shall issue the person an ignition
interlock license for the remainder of the suspension period and apply the courtdetermined
credit on a day-for-day basis for any subsequent ignition interlock
requirement arising from the same incident.
(3) When the court orders the suspension of a license pursuant to this section, the
defendant shall immediately surrender the license to the Circuit Court clerk, and the
court shall retain the defendant in court or remand him into the custody of the
sheriff until the license is produced and surrendered. If the defendant has lost his
operator’s license, other than due to a previous suspension or revocation, which is
still in effect, the sheriff shall take him to the office of the circuit clerk so that a new
license can be issued. If the license is currently under suspension or revocation, the
provisions of this subsection shall not apply.
(4) The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet any
license surrendered to him pursuant to this section.
(5) Licenses suspended under this section shall remain suspended until a judgment of
conviction or acquittal is entered in the case or until the court enters an order
terminating the suspension, but in no event for a period longer than the maximum
license suspension period applicable to the person under KRS 189A.070 and
189A.107. Nothing in this subsection shall prevent the person from filing a motion
for, the court from granting, or the cabinet from issuing an ignition interlock license
under subsection (2) of this section.
(6) 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 revocation
imposed. Licenses suspended under this section shall remain suspended until a
judgment of conviction or acquittal is entered in the case or until the court enters an
order terminating the suspension, but in no event for a period longer than the
maximum license suspension period applicable to the person under KRS 189A.070
and 189A.107.
Effective: June 24, 2015
History: 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.

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.

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, 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.103;
(4) The peace officer requested the person to take the test or tests pursuant to KRS
189A.103; and then
(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.
Effective: October 1, 2000
History: 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.

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)(a), 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 motor vehicle operator’s license suspended or
revoked on one (1) or more occasions for refusing to take an alcohol concentration
or substance test, in the five (5) year period immediately preceding his arrest, then
the court shall continue to suspend the person’s operator’s license or privilege to
operate a motor vehicle. 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: June 24, 2015
History: 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.

189A.250 Judicial review of pretrial suspension imposed under KRS
189A.200(1)(b).
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 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.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 124, sec. 14, effective June 24, 2015. — Created
2000 Ky. Acts ch. 467, sec. 15, effective October 1, 2000.

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.

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.

189A.320 Court reporting of convictions and license revocations to Transportation
Cabinet.
Each court shall report to the Transportation Cabinet the convictions of persons and
license revocations imposed by the court for violation of KRS 189A.010(1) and
189A.103.
Effective: July 1, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 15, effective July 1,
1991.

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 ninety (90) 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: July 1, 1991
History: Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 18, effective July 1,
1991.

189A.340 Ignition interlock devices and licenses.
(1) (a) Except as provided in KRS 189A.420(4), at the time that the court revokes a
person’s license under any provision of KRS 189A.070, for an offense in
violation of KRS 189A.010(1)(a),(b),(e), or (f), the court shall also order that,
at the conclusion of the license revocation, any license the person shall be
issued shall restrict the person to operating only a motor vehicle or motorcycle
equipped with a functioning ignition interlock device.
(b) The ignition interlock periods shall be as follows:
1. The first time in a five (5) year period, a functioning ignition interlock
device shall be installed for a period of six (6) months, if at the time of
offense, any of the aggravating circumstances listed under KRS
189A.010(11) were present while the person was operating or in
physical control of a motor vehicle.
2. The second time in a five (5) year period, a functioning ignition
interlock device shall be installed for a period of twelve (12) months.
3. The third or subsequent time in a five (5) year period, a functioning
ignition interlock device shall be installed for a period of thirty (30)
months.
(c) In determining the five (5) year period under paragraph (b) of this subsection,
the period shall be measured from the dates on which the offenses occurred
for which the judgments of conviction were entered, resulting in the license
revocations described in KRS 189A.070.
(2) Nothing in this section limits:
(a) The person’s right to apply for an ignition interlock license during any period
of suspension or revocation arising from the same incident;
(b) The cabinet’s authority to issue an ignition interlock license during any period
of suspension or revocation arising from the same incident if the person meets
all application requirements and is otherwise eligible for such license; or
(c) The person from receiving credit on a day-for-day basis toward any ignition
interlock requirement in paragraph (a) of this subsection for any period the
person held a valid ignition interlock license during any period of suspension
or revocation arising from the same incident. A person prohibited from
operating any motor vehicle or motorcycle without a functioning ignition
interlock device under paragraph (a) of subsection (1) of this section shall
receive any court-determined credit on a day-for-day basis toward any such
ignition interlock requirement for any period the person holds a valid ignition
interlock license during any period of suspension or revocation arising from
the same incident.
Effective: June 24, 2015
History: 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 (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.

189A.345 Penalties for violation of KRS 189A.420 governing ignition interlock
devices.
(1) No person shall operate a motor vehicle or motorcycle without a functioning
ignition interlock device when prohibited to do so under KRS 189A.420.
(2) (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.420.
(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:
1. Knowingly install a defective ignition interlock device on a motor
vehicle or motorcycle; or
2. Tamper with an installed ignition interlock device with the intent of
rendering it 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 installing ignition interlock devices or directing
others in the installation of ignition interlock devices.
(4) (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.
Effective: June 24, 2015
History: 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.