Ky. Rev. Stat. Ann. ch. 189A – Driving Under The Influence | Midpage

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Kentucky Revised Statutes

Chapter 189A

Ky. Rev. Stat. Ann. ch. 189A

Driving Under The Influence

Commonwealth of Kentucky

189A.005Definitions for chapter.189A.010Operating 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. (Effective until July 15, 2026)189A.020Community labor program -- Terms and conditions.189A.030Terms of imprisonment for first and second offenders.189A.040Alcohol 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.045Enrollment in alcohol or substance abuse education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program.189A.050Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected.189A.070License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement.189A.085Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender.189A.090Operating 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.100Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings. (Effective until July 15, 2026)189A.103Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing.189A.104Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A.189A.105Effect 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. (Effective until July 15, 2026)189A.107License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet.189A.110Minimum detention in custody of any person arrested for violation of KRS 189A.010.189A.120Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments.189A.130Assessment of fines -- Response to nonpayment.189A.200Pretrial 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.210Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired.189A.220Judicial review of pretrial license suspension for test refusal.189A.240Judicial review of pretrial license suspension for repeat offender.189A.250Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person.189A.300Provision of alcohol test instruments to counties.189A.310Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard.189A.330Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice.189A.340Ignition interlock licenses -- Provider fees.189A.345Prohibition 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.350Administrative 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.370Administrative appeals process for ignition interlock license.189A.380Ignition interlock administration fund.189A.400Sentencing court jurisdiction over issuance of ignition interlock and hardship licenses -- Commonwealth's or county attorney's review of application and right to object.189A.410Hardship license -- Prohibition against issuance when alcohol or substance test refused.189A.440Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement.189A.460Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses.