Title XVI, Motor Vehicles
8 chapters · 518 sections in this title.
KRS § 189A.005 Definitions for chapter
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As used in this chapter, unless the context requires otherwise: (1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath; (2) "Cabinet" means the Transportation Cabinet; (3) "Ignition interlock device" or …
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
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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 -- Penalt…
KRS § 189A.020 Community labor program -- Terms and conditions
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All community labor shall be under the supervision of the court and subject to the following: (1) (a) No period of labor shall be less than four (4) hours to qualify for satisfaction of a sentence; (b) A "day" shall mean eight (8) hours of labor; (c) A "month" shall mean twenty (…
KRS § 189A.030 Terms of imprisonment for first and second offenders
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(1) Terms of imprisonment for first and second offenders under KRS 189A.010 shall, at the order of the court, be served on weekends or such other times as may preserve the employment or education of the offender, provided that no individual period of incarceration shall be less t…
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
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Sentencing offenders to programs -- Regulation of programs -- Medicaid- eligible defendants -- 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 shal…
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
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programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program. (1) (a) Except as provided in paragraph (b) of this subsection, when a court requires a defendant to enroll in an alcohol or substance abuse education or treatment program p…
KRS § 189A.050 Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected
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revenue from fees collected. (1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) shall be sentenced to pay a service fee of four hundred twenty-five dollars ($425), which shall be in addition to all other penalties authorized by law. (2) The fee sh…
KRS § 189A.070 License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement
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substance abuse treatment or education program required before reinstatement. (1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the penalties specified in KRS 189A.010, the Transportation Cabinet shall suspend a person's license to operate a motor v…
KRS § 189A.085 Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender
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Hardship exception for affected individuals other than offender. (1) Unless a person has been issued an ignition interlock license under KRS 189A.340 or a hardship license under KRS 189A.410, a person who has been convicted of an offense under KRS 189A.010 may have the license pl…
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
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influence prohibited -- Operating motor vehicle without ignition interlock license or hardship license prohibited -- Penalties. (1) No person shall operate or be in physical control of a motor vehicle or motorcycle while his or her license is suspended under this chapter, unless …
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
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pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings. (1) (a) Law enforcement agencies may administer preliminary breath tests using devices or equipment which will ensure an accurate determination of blood alcohol cont…
KRS § 189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing
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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 or she has given…
KRS § 189A.104 Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A
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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 an instrument installed, tested, and maintained by the Commonwealth for that specific…
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
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when tests requested -- Court-ordered testing -- Withdrawal of blood sample -- 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 suspension of his or her driving privilege …
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
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Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet. (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) sha…
KRS § 189A.110 Minimum detention in custody of any person arrested for violation of KRS 189A.010
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KRS 189A.010. Any person who is arrested for a violation of KRS 189A.010 shall be detained in custody at least six (6) hours following his or her arrest.
KRS § 189A.120 Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments
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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)…
KRS § 189A.130 Assessment of fines -- Response to nonpayment
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Fines levied pursuant to this chapter shall be assessed in the manner required by KRS 534.020 (but in amounts consistent with this chapter) and the response to nonpayment of fines shall be governed by KRS 534.020 and 534.060. Effective:June 29, 2017
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
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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. (1) The court shall at the ar…
KRS § 189A.210 Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired
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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.
KRS § 189A.220 Judicial review of pretrial license suspension for test refusal
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In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test under KRS 189A.200(1)(a), if the court determines, by the preponderance of the evidence, that: (1) The person was charged and arrested by a peace officer with vi…
KRS § 189A.240 Judicial review of pretrial license suspension for repeat offender
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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), (d), or (e); (2) The pea…
KRS § 189A.250 Judicial review of pretrial suspension for causing an accident resulting in death or serious physical injury to another person
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death or serious physical injury to another person. 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 …
KRS § 189A.300 Provision of alcohol test instruments to counties
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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 and Public Safety Cabinet …
KRS § 189A.310 Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard
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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…
KRS § 189A.330 Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice
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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…
KRS § 189A.340 Ignition interlock licenses -- Provider fees
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(1) (a) If a person's license is suspended pursuant to this chapter and the initial suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole license the person shall be eligible for is an ignition interlock license pursuant to this section. (b) If a person…
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
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ignition interlock license -- Penalties for unlawful acts relating to ignition interlock licenses and devices. (1) (a) No person who is issued an ignition interlock license under KRS 189A.340 shall operate a motor vehicle or motorcycle without a functioning ignition interlock dev…
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
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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 inter…
KRS § 189A.370 Administrative appeals process for ignition interlock license
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(1) (a) In every instance where the Transportation Cabinet takes action which affects: 1. A person's eligibility for an ignition interlock license; 2. The calculation of a person's ninety (90) or one hundred twenty (120) consecutive days; 3. The calculation of a person's day-for-…
KRS § 189A.380 Ignition interlock administration fund
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(1) The ignition interlock administration fund is created as a restricted fund. The restricted fund shall consist of funds deposited pursuant to KRS 189A.050 and 189A.350. The Transportation Cabinet shall administer the fund. (2) The funds deposited pursuant to: (a) KRS 189A.050 …
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
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hardship licenses -- Commonwealth's or county attorney's review of application and right to object. (1) The sentencing court shall have jurisdiction over the issuance of hardship licenses. (2) The Commonwealth's or county attorney shall review applications submitted to the senten…
KRS § 189A.410 Hardship license -- Prohibition against issuance when alcohol or substance test refused
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substance test refused. (1) At any time during the suspension periods enumerated in: (a) KRS 189A.070 for violation of KRS 189A.010(1)(c) or (d); or (b) KRS 189A.090 relating to a violation of KRS 189A.010(1)(c) or (d); the court may grant the person hardship driving privileges f…
KRS § 189A.440 Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement
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hardship license -- Penalty -- Penalty for false application statement. (1) No person who is issued a hardship license shall operate a motor vehicle at any time, place, or for any purpose other than those authorized upon the face of the hardship license issued under KRS 189A.410.…
KRS § 189A.460 Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses
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and forms relating to hardship licenses. The Transportation Cabinet shall promulgate administrative regulations and shall issue hardship license application forms and other forms necessary for the implementation of KRS 189A.400 to 189A.460.