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Kentucky Chapter 189A — Driving Under the Influence

45 sections hosted, reproduced from the official public-domain source.

  • KRS 189A.005— Definitions for chapter
  • KRS 189A.010— Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration or controlled substance test results -- Presumptions -- Penalties -- Aggravating circumstances
  • KRS 189A.015— Repealed, 2000
  • KRS 189A.020— Community labor program -- Terms and conditions
  • KRS 189A.030— Terms of imprisonment for first and second offenders
  • KRS 189A.040— Alcohol or substance abuse treatment and education programs -- Sentencing offenders to programs -- Regulation of programs -- Medicaid-eligible defendants -- Appeals of decisions regarding licensure of education and treatment facilities and programs
  • KRS 189A.045— Enrollment in alcohol or substance abuse education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program
  • KRS 189A.050— Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected
  • KRS 189A.060— Repealed, 2000
  • KRS 189A.070— License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement
  • KRS 189A.080— Repealed, 2020
  • KRS 189A.085— Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender
  • KRS 189A.090— Operating motor vehicle while license is suspended for driving under the influence prohibited -- Operating motor vehicle without ignition interlock license or hardship license prohibited -- Penalties
  • KRS 189A.100— Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings
  • KRS 189A.103— Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing
  • KRS 189A.104— Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A
  • KRS 189A.105— Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Withdrawal of blood sample -- Right to consult attorney before submitting to tests -- Personal testing option
  • KRS 189A.107— License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet
  • KRS 189A.110— Minimum detention in custody of any person arrested for violation of KRS 189A.010
  • KRS 189A.120— Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments
  • KRS 189A.130— Assessment of fines -- Response to nonpayment
  • KRS 189A.200— Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person -- Hearing -- Length of suspension -- When application for ignition interlock license required
  • KRS 189A.210— Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired
  • KRS 189A.220— Judicial review of pretrial license suspension for test refusal
  • KRS 189A.230— Repealed, 1996
  • KRS 189A.240— Judicial review of pretrial license suspension for repeat offender
  • KRS 189A.250— Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person
  • KRS 189A.300— Provision of alcohol test instruments to counties
  • KRS 189A.310— Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard
  • KRS 189A.320— Repealed, 2020
  • KRS 189A.330— Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice
  • KRS 189A.340— Ignition interlock licenses -- Provider fees
  • KRS 189A.345— Prohibition against use of vehicle other than for purpose authorized by ignition interlock license -- Penalties for unlawful acts relating to ignition interlock licenses and devices
  • KRS 189A.350— Administrative regulations promulgated by Transportation Cabinet for ignition interlock licenses, devices, and providers -- Certification of devices and device providers -- Provider contract provisions -- Transportation Cabinet's power to require ignition interlock device providers to pay certain fees -- Fees collected to be paid to ignition interlock administration fund
  • KRS 189A.360— Repealed, 2020
  • KRS 189A.370— Administrative appeals process for ignition interlock license
  • KRS 189A.380— Ignition interlock administration fund
  • KRS 189A.400— Sentencing court jurisdiction over issuance of ignition interlock and hardship licenses -- Commonwealth's or county attorney's review of application and right to object
  • KRS 189A.410— Hardship license -- Prohibition against issuance when alcohol or substance test refused
  • KRS 189A.420— Renumbered as KRS 189A.360
  • KRS 189A.430— Repealed, 2020
  • KRS 189A.440— Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement
  • KRS 189A.450— Repealed, 2020
  • KRS 189A.460— Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses
  • KRS 189A.500— Renumbered as KRS 189A.350