KentuckySB 662026 Regular SessionSenateWALLET

AN ACT relating to the operation of a motor vehicle.

Sponsored By: Brandon J. Storm (Republican)

Signed by Governor

Corrections ImpactLocal MandateCrimes And PunishmentsDrugs And MedicinesMotor VehiclesState AgenciesTransportation

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Named drugs trigger DUI charges

The law lists drugs that support a drugged‑driving charge, plus any Schedule I drug except marijuana. A reliable blood test taken within two hours of stopping can show those drugs. A positive test for a listed drug can lead to prosecution.

DUI testing rights and refusals

Before any breath or blood test, you get 10 to 15 minutes to try to call a lawyer. After the final officer test, you may get your own blood test at your cost, and the officer must try to take you. Saying no to a quick field breath test cannot be used against you and does not trigger a license suspension at arraignment. Saying no to a post‑arrest breath test can be used in court, leads to a court suspension at arraignment, and can double the minimum jail time on later DUI convictions within 10 years. Saying no to a post‑arrest blood test cannot be used in court, but the court still suspends your license at arraignment and the Cabinet will suspend it if you are later convicted. If you were not properly warned before testing, your refusal cannot be used, is not an aggravator, and the court cannot suspend your license at arraignment.

Driver records privacy and $3 fee

The Transportation Cabinet deletes most moving violations after 10 years for noncommercial drivers. If you hold, applied for, or ever held a commercial driver’s license or permit, your convictions stay on file permanently. If you are under 21 and your license was suspended under the under‑21 BAC rule, that suspension is not released and is deleted within five working days after reinstatement. Each driving history record costs $3.00; $0.10 of each request funds state driver education.

Police video of stops and tests

Police may record pursuits, traffic stops, sobriety tests, and refusals. The full test recording is shown in court unless the defendant waives parts, and you can view it before trial. Recordings are confidential, and misuse by officials is a crime. Officers must note on the citation that a video exists. Recordings are destroyed on set schedules, generally after 14 or 26 months or after all appeals end.

Protections for warrant blood draws

When a court orders a blood draw, qualified medical staff and facilities act in good faith and need no extra consent. They are not criminally or civilly liable just for doing the draw, unless they act with gross negligence or willful misconduct. The draw must happen as soon as practical and cannot endanger life or block needed care.

Sponsors & Cosponsors

Sponsor

Brandon J. Storm
Republican • Senate

Cosponsors

Danny Carroll
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 146 • No: 15

House vote • 4/15/2026

3rd reading, passed

Yes: 79 • No: 15

Senate vote • 4/15/2026

passed

Yes: 36 • No: 0

Senate vote • 3/11/2026