KRS 189A.104

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

Applied in 7 court decisions — leading case Elery v. Commonwealth (2012)

Most recently applied in G.G. v. Commonwealth (July 2016)

History: Amended 2022 Ky

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The only alcohol or substance testing that is subject to refusal or enhancement of penalties provided for in this chapter is:

(a) Breath analysis testing by an instrument installed, tested, and maintained by the Commonwealth for that specific purpose at a police station or detention facility;

(b) Blood or urine testing at the request of the officer at a police station, detention facility, or medical facility; or (c) Combination of tests required in paragraphs (a) or (b) of this subsection.

(2) The results of any breath analysis by an instrument other than one specified in subsection (1) of this section shall be inadmissible in court. Effective:April 6, 2022

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.