KRS 281A.210

Operating commercial vehicle while under the influence of alcohol or other controlled substance

Known as the Kentucky Commercial Driver's License Act

The act spans §§ 281–281 (38 sections).

Applied in 4 court decisions — leading case Commonwealth v. Howard (1998)

Most recently applied in Smith v. Norton Hospitals, Inc. (March 2016)

Effective: April 7, 1992 History: Amended 1992 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) Notwithstanding any other provision of this chapter, a person shall not drive a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol or other controlled substances in his system.

(2) A person who drives a commercial motor vehicle within this state while having any detectable amount of alcohol or controlled substance in his system or who refuses to submit to the test required in KRS 281A.220, shall be placed out of service for twenty-four (24) hours.

(3) A person who drives a commercial motor vehicle within this state with an alcohol concentration of four hundredths (0.04) or more shall be deemed to be operating a vehicle under the influence.

(4) A person who drives a commercial motor vehicle within this state with an alcohol concentration of four hundredths (0.04) or more, or who refused to submit to the test required in KRS 281A.220, in addition to any other sanctions that may be imposed under this chapter shall be disqualified from driving a commercial motor vehicle under KRS 281A.190.

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