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If you have been charged with a Kentucky DUI there are two things that
you need to consider:
1) Take the charge seriously.
A conviction for a Kentucky DUI will have long lasting consequences. A
criminal record can affect your employment, your future and your
personal freedom.
2) Hire an experienced Kentucky DUI Lawyer.
Understanding the Kentucky DUI laws and courtroom proceedings can be a
challenge. Hiring a qualified Kentucky DUI Lawyer from DUILaws.com who
focuses on DUI defense can make a difference in the outcome of your
case.
The Kentucky DUI Defense Lawyers at DUILaws.com offer an initial review of your case. Your inquiry is both free and confidential.
To begin fighting your Kentucky DUI, use the drop-down menu above to locate a Kentucky Attorney in your county. But do it now, as time is very critical in a Kentucky DUI case.
Kentucky DUI Laws and Drunk Driving Information
If you have been arrested for a DUI in Kentucky it is important to realize that alcohol may or may
not have been an issue. A Kentucky DUI charge can apply to alcohol or being under the influence of any substance will impair your driving ability. Other substances can include illegal drugs or prescription drugs. In Kentucky it is illegal to drive with a blood or breath alcohol or BAC content of 0.08 or higher.
Even if your BAC is lower than 0.08 you may still be arrested for DUI
based on other evidence which indicates impairment. Any driver
under the age of 21 will be deemed to be under the influence at .02
breath or blood alcohol level.
Motorists in Kentucky can be charged with five different Kentucky DUI
violations. The different Kentucky DUI type range from operating or in
physical control of a motor vehicle under the influence of alcohol to
operating or in physical control of a motor vehicle with a prohibited
alcohol concentration. The Kentucky DUI laws pertain to operating a
motor vehicle "anywhere" in the state, which does include private
property.
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 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 under the combined influence of
alcohol and any other substance which impairs one's driving ability;
or
(e) 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 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 (e) of this section. The results of the test or tests,
however, may be admissible in a prosecution under subsection (1)(b) or
(d) of this section.
(3) In any prosecution for a violation of subsection (1)(b) or (d) 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 (d) of this section.
(4) 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.
(5) Any person who violates the provisions of paragraph (a), (b), (c),
or (d) 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.
(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)(e) 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)(e) 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 0.18 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.
Effective: August 1, 2002
History: 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. 1, 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.
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)(e):
(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: June 20, 2005
History: 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.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), or (d) shall have his
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 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), or (d) 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) 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
applicable minimum period of revocation by one-half (1/2), but in no
case less than twelve months. The court may, upon a written finding in
the record for good cause shown, order such a period to be reduced by
one-half (1/2), but in no case less than twelve (12) months, if the
following conditions are satisfied:
(a) The person shall not operate a motor
vehicle or motorcycle without an ignition interlock device as provided
for in KRS 189A.340(2);
(b) The person shall not operate a motor
vehicle or motorcycle at any other time and for any other purposes than
those specified by the court; and
(c) The ignition interlock device shall be
installed on the motor vehicle or motorcycle for a period of time not
less than the applicable minimum period of revocation provided for
under subsection (1)(b), (c), or (d) of this section nor for more than
the respective maximum period of revocation provided for 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: July 15, 2002
History: 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.
189A.090
Operating motor vehicle while license is revoked or
suspended for driving under the influence prohibited -- Operating motor
vehicle without required ignition interlock device prohibited --
Penalties.
(1) No person shall operate or be in physical control of a motor
vehicle while his license is revoked or suspended under KRS
189A.010(6), 189A.070, 189A.107, 189A.200, or 189A.220, or operate or
be in physical control of a motor vehicle without a functioning
ignition interlock device in violation of KRS 189A.345(1).
(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), or (d), 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), or (d), 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), or (d), 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.
(3) The five (5) year period under this section shall be measured in
the same manner as in KRS 189A.070.
(4) After one (1) year of the period of revocation provided for in
subsection (2)(b) or (c) of this section has elapsed, a person whose
license has been revoked pursuant to either of those subsections may
move the court to have an ignition interlock device installed for the
remaining portion of the period of revocation. The court may,
upon
a written finding in the record for good cause shown, order an
ignition interlock device installed if the following conditions are
satisfied:
(a) The person shall not operate a motor
vehicle or motorcycle without an ignition interlock device as provided
for in KRS 189A.340(2);
(b) The person shall not operate a motor
vehicle or motorcycle at any other time and for any other purposes than
those specified by the court; and
(c) The ignition interlock device shall be
installed on the motor vehicle or motorcycle for a period of time not
less than the period of revocation required or the person under
subsection (2)(b) or (c) of this section.
(5) Upon a finding of a violation of any of the conditions specified
in subsection (4) of this section or of the order permitting the
installation of an ignition interlock device in lieu of the remaining
period of revocation that is issued pursuant thereto, 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: July 15, 2002
History: 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 has given his consent to one (1) or more tests of his 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 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 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 Cabinet or
his 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 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.
(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 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: October 1, 2000
History: 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 -- 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 he will be unable to obtain
a
hardship license; 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 if the results of
the test are 0.18 or above and the person is subsequently convicted
of
violating KRS 189A.010(1), then he will be subject to a sentence that
is twice as long as the mandatory minimum jail sentence imposed if the
results are less than 0.18; 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: July 12, 200
History: 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 -- 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.
(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).
Effective: October 1, 2000
History: 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 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
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 Cabinet for inclusion in the centralized criminal history
record information system under KRS 17.150.
Effective: Octber 1, 2000
History: 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.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.
(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 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 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.
(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: October 1, 2000
History: 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 tendency 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)(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), or (d);
(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), or (d);
(3) There is probable cause to believe that the person committed the
violation of KRS 189A.010(1)(a), (b), (c), or (d) 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: October 1, 2000
History: 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)(c).
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.
Effective: October 1, 2000
History: 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 Cabinet or his
designee.
Effective: July 1, 1991
History: 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.
(1) In lieu of ordering license plate impoundment under KRS
189A.085 of a personconvicted of a second or subsequent violation of
KRS 189A.010, the court may order installation of an ignition interlock
device as provided in this section as follows:
(a) Except as provided in paragraph (d) of
this subsection, at the time that the court revokes a person's license
under any provision of KRS 189A.070 other than KRS 189A.070(1)(a), the
court shall also order that, at the conclusion of the license
revocation, the person shall be prohibited from operating any motor
vehicle or motorcycle without a functioning ignition interlock
device.
(b)
1. The first
time in a five (5) year period that a person is penalized under this
section, a functioning ignition interlock device shall be installed for
a period of six (6) months.
2. The second
time in a five (5) year period that a person is penalized under this
section, 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 that a person is penalized
under this section, a functioning ignition interlock device shall be
installed for a period of thirty (30) months.
4. The person
whose license has been suspended for a second or subsequent violation
of KRS 189A.010 shall not be able to apply to the court for permission
to install an ignition interlock device until the person has completed
one (1) year of license suspension without any subsequent conviction
for a violation of KRS 189A.010 or 189A.090. If the court grants
permission to install an ignition interlock device, an ignition
interlock device shall be installed on all vehicles owned or leased by
the person whose license has been suspended.
(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.
(d) If the court finds that a person is
required to operate a motor vehicle or motorcycle in the course and
scope of the person's employment and the motor vehicle or motorcycle is
owned by the employer, then the court shall order that the person may
operate that motor vehicle or motorcycle during regular working hours
for the purposes of his or her employment without installation of a
functioning ignition interlock device on that motor vehicle or
motorcycle if the employer has been notified of the prohibition
established under paragraphs (a), (b), and (c) of this
subsection.
(2) Upon ordering the installation of a functioning ignition interlock
device, the court, without a waiver or a stay of the following
procedure, shall:
(a) Transmit its order and other appropriate
information to the Transportation Cabinet;
(b) Direct that the Transportation Cabinet
records reflect:
1. That the
person shall not operate a motor vehicle or motorcycle without a
functioning ignition interlock device, except as provided in paragraph
(d) of subsection (1) of this section; and
2. Whether the
court has expressly permitted the person to operate a motor vehicle or
motorcycle without a functioning ignition interlock device, as provided
in paragraph (d) of subsection (1) of this section;
(c) Direct the Transportation Cabinet to
attach or imprint a notation on the driver's license of any person
restricted under this section stating that the person shall operate
only a motor vehicle or motorcycle equipped with a functioning ignition
interlock device. However, if the exception provided for in paragraph
(d) of subsection (1) of this section applies, the notation shall
indicate the exception;
(d) Require proof of the installation of the
functioning ignition interlock device and periodic reporting by the
person for the verification of the proper functioning of the
device;
(e) Require the person to have the device
serviced and monitored at least every thirty (30) days for proper
functioning by an entity approved by the Transportation Cabinet;
and
(f) Require the person to pay the reasonable
cost of leasing or buying, installing, servicing, and monitoring the
device. The court may establish a payment schedule for the person to
follow in paying the cost.
(3) The Transportation Cabinet shall:
(a) Certify ignition interlock devices for
use in this Commonwealth;
(b) Approve ignition interlock device
installers who install functioning ignition interlock devices under the
requirements of this section;
(c) Approve servicing and monitoring entities
identified in paragraph (e) of subsection (2) of this section and
require those entities to report on driving activity within seven (7)
days of servicing and monitoring each ignition
interlock device to the respective court, prosecuting attorney, and
defendant;
(d) Publish and periodically update on the
Transportation Cabinet web site a list of the certified ignition
interlock devices, the approved ignition interlock installers, and the
approved servicing and monitoring entities;
(e) Develop a warning label that an ignition
interlock device installer shall place on a functioning ignition
interlock device before installing that device. The warning label shall
warn of the penalties established in KRS 189A.345; and
(f) Promulgate administrative regulations to
carry out the provisions of this subsection.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 171, sec. 4, effective July 15,
2002. -- Created 2000 Ky. Acts ch. 467, sec. 27, effective October 1,
2000.
189A.345
Penalties for violation of KRS 189A.410 and 189A.340
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.340(1) or underKRS 189A.410(2).
(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 189.340(1) or under KRS
189A.440(2)(b).
(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: July 12, 2006
History: 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.
