Kentucky Statutes 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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(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 device or at any time, place, or for any purpose other than authorized under KRS § 189A.340.
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a Class A misdemeanor, and shall have his or her license suspended by the Transportation Cabinet for the initial period of suspension under KRS
For details, see § 532.090
189A.070 for an additional six (6) months.
(2) (a) No person who is issued an ignition interlock license under KRS § 189A.340 shall request, permit, or allow another person to:
1. Start a motor vehicle or motorcycle equipped with an ignition interlock device; or
2. Take a subsequent breath alcohol concentration test;
for the purpose of providing an operable motor vehicle or motorcycle for that person subject to the ignition interlock license to drive in violation of KRS
189A.340.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (3) (a) No person shall start a motor vehicle or motorcycle equipped with an ignition
interlock device for the purpose of providing an operable motor vehicle or
motorcycle to a person subject to the prohibition established in KRS
189A.340.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (4) (a) No person shall:
1. Knowingly install a defective ignition interlock device on a motor vehicle or motorcycle;
2. Tamper with an installed ignition interlock device with the intent of rendering it defective; or
3. Alter, conceal, hide, or attempt to alter, conceal, or hide, the person’s identity from the ignition interlock device’s camera while providing a breath sample.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from installing ignition interlock devices or directing
others in the installation of ignition interlock devices.
(5) (a) No person shall direct another person to install a defective ignition interlock device on a motor vehicle or motorcycle when the person giving the direction knows that the ignition interlock device is defective.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from directing others in the installation of ignition interlock devices or installing ignition interlock devices.
(6) (a) No person shall knowingly assist a person who is issued an ignition interlock license in making a false statement in order to qualify for the employer exemption under KRS § 189A.340(6).
(b) Any person who violates paragraph (a) of this subsection, is guilty of a Class A misdemeanor and shall have his or her motor vehicle or motorcycle operator’s license suspended by the Transportation Cabinet for six (6) months.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 16, effective July 1, 2020. — Amended
2015 Ky. Acts ch. 124, sec. 9, effective June 24, 2015. — Amended 2014 Ky. Acts ch. 71, sec. 9, effective July 15, 2014. — Amended 2006 Ky. Acts ch. 173, sec. 31, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 171, sec. 5, effective July 15,
2002. — Created 2000 Ky. Acts ch. 467, sec. 28, effective October 1, 2000.
(b) Any person who violates paragraph (a) of this subsection shall be guilty of a Class A misdemeanor, and shall have his or her license suspended by the Transportation Cabinet for the initial period of suspension under KRS
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 189A.345
- Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Kentucky Statutes 189A.005
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Ignition interlock license: means a motor vehicle or motorcycle operator's license issued or granted by the laws of the Commonwealth of Kentucky that, except for those with an employer exemption under KRS §. See Kentucky Statutes 189A.005
- License: means any driver's or operator's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state including:
(a) Any temporary license or instruction permit. See Kentucky Statutes 189A.005
189A.070 for an additional six (6) months.
(2) (a) No person who is issued an ignition interlock license under KRS § 189A.340 shall request, permit, or allow another person to:
1. Start a motor vehicle or motorcycle equipped with an ignition interlock device; or
2. Take a subsequent breath alcohol concentration test;
for the purpose of providing an operable motor vehicle or motorcycle for that person subject to the ignition interlock license to drive in violation of KRS
189A.340.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (3) (a) No person shall start a motor vehicle or motorcycle equipped with an ignition
interlock device for the purpose of providing an operable motor vehicle or
motorcycle to a person subject to the prohibition established in KRS
189A.340.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor. (4) (a) No person shall:
1. Knowingly install a defective ignition interlock device on a motor vehicle or motorcycle;
2. Tamper with an installed ignition interlock device with the intent of rendering it defective; or
3. Alter, conceal, hide, or attempt to alter, conceal, or hide, the person’s identity from the ignition interlock device’s camera while providing a breath sample.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from installing ignition interlock devices or directing
others in the installation of ignition interlock devices.
(5) (a) No person shall direct another person to install a defective ignition interlock device on a motor vehicle or motorcycle when the person giving the direction knows that the ignition interlock device is defective.
(b) Any person who violates paragraph (a) of this subsection shall:
1. For a first offense, be guilty of a Class B misdemeanor; and
2. For a second or subsequent offense, be guilty of a Class A misdemeanor and be prohibited from directing others in the installation of ignition interlock devices or installing ignition interlock devices.
(6) (a) No person shall knowingly assist a person who is issued an ignition interlock license in making a false statement in order to qualify for the employer exemption under KRS § 189A.340(6).
(b) Any person who violates paragraph (a) of this subsection, is guilty of a Class A misdemeanor and shall have his or her motor vehicle or motorcycle operator’s license suspended by the Transportation Cabinet for six (6) months.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 16, effective July 1, 2020. — Amended
2015 Ky. Acts ch. 124, sec. 9, effective June 24, 2015. — Amended 2014 Ky. Acts ch. 71, sec. 9, effective July 15, 2014. — Amended 2006 Ky. Acts ch. 173, sec. 31, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 171, sec. 5, effective July 15,
2002. — Created 2000 Ky. Acts ch. 467, sec. 28, effective October 1, 2000.