Kentucky Statutes 189A.070 – License suspensions — Time periods — Completion of alcohol or substance abuse treatment or education program required before reinstatement
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(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 vehicle or motorcycle upon conviction of KRS § 189A.010(1).
2. Upon conviction of KRS § 189A.010(1)(a), (b), (c), (d), or (e), the Transportation Cabinet shall suspend a person’s license to operate a motor vehicle or motorcycle as follows:
a. For the first offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or
iii. For all others, six (6) months;
b. For the second offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, twelve (12) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or eighteen (18) months, whichever is shorter; or
iii. For all others, eighteen (18) months;
c. For a third offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, eighteen (18) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or thirty-six (36) months, whichever is shorter; or
iii. For all others, thirty-six (36) months;
d. For a fourth or subsequent offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, thirty (30) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or sixty (60) months, whichever is shorter; or
iii. For all others, sixty (60) months;
e. If the conviction records transmitted to the Transportation Cabinet pursuant to subsection (3) of this section show that a person was convicted of a:
i. First offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision a. of this subparagraph;
ii. Second offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision b. of this subparagraph;
iii. Third offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision c. of this subparagraph; and
iv. Fourth or subsequent offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision d. of this subparagraph; and
f. The license suspension shall be deemed effective on the date of entry of the court’s order or judgement for a conviction of KRS
189A.010.
3. Upon conviction of KRS § 189A.010(1)(f), the Transportation Cabinet shall suspend a person’s license to operate a motor vehicle or motorcycle as follows:
a. For a person who is issued an ignition interlock license under KRS
189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months;
b. For a person who is issued an ignition interlock license under KRS
189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or
c. For all others, six (6) months.
4. For purposes of this paragraph, “ninety (90) consecutive day requirement” and “one hundred twenty (120) consecutive day requirement” mean the requirements established in KRS
189A.340(4)(b)2.
(b) For a person under the age of eighteen (18), in addition to the penalties specified in KRS § 189A.010, the Transportation Cabinet shall suspend the person’s license to operate a motor vehicle or motorcycle upon conviction of KRS § 189A.010(1). The person shall have his or her license suspended until he or she reaches the age of eighteen (18) or as provided in paragraph (a) of this subsection, whichever penalty will result in the longer period of suspension.
(2) In addition to the period of license suspension set forth in subsection (1) of this section, no person shall be eligible for reinstatement of his or her full privilege to operate a motor vehicle or motorcycle until he or she has completed the alcohol or substance abuse education or treatment program ordered pursuant to KRS
189A.040.
(3) Upon conviction of KRS § 189A.010(1):
(a) A person shall surrender his or her license to operate a motor vehicle or motorcycle to the court. Should the person fail to surrender his or her license to the court, the court shall issue an order directing the sheriff or any other peace officer to seize the license forthwith and deliver it to the court. The court shall then forward the license to the Transportation Cabinet. This paragraph shall not apply to a person who has previously surrendered his or her license pursuant to KRS § 189A.200; and
(b) The court shall immediately transmit the conviction records and other appropriate information to the Transportation Cabinet. A court shall not waive or stay this procedure.
(4) In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered.
Effective: July 1, 2020
History: Repealed and reenacted 2019 Ky. Acts ch. 103, sec. 5, effective July 1, 2020. –
– Amended 2016 Ky. Acts ch. 85, sec. 2, effective April 9, 2016. — Amended 2015
Ky. Acts ch. 124, sec. 2, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 20, effective July 15, 2010. — Amended 2002 Ky. Acts ch. 171, sec. 2, effective
July 15, 2002. — Amended 2000 Ky. Acts ch. 467, sec. 5, effective October 1, 2000.
— Amended 1996 Ky. Acts ch. 198, sec. 12, effective October 1, 1996. — Amended
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective July 1, 1991. — Created
1984 Ky. Acts ch. 165, sec. 7, effective July 13, 1984.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 2 of that Act.
2. Upon conviction of KRS § 189A.010(1)(a), (b), (c), (d), or (e), the Transportation Cabinet shall suspend a person’s license to operate a motor vehicle or motorcycle as follows:
Terms Used In Kentucky Statutes 189A.070
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- 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 - Statute: A law passed by a legislature.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010 - Year: means calendar year. See Kentucky Statutes 446.010
a. For the first offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or
iii. For all others, six (6) months;
b. For the second offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, twelve (12) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first twelve (12) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or eighteen (18) months, whichever is shorter; or
iii. For all others, eighteen (18) months;
c. For a third offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, eighteen (18) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first eighteen (18) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or thirty-six (36) months, whichever is shorter; or
iii. For all others, thirty-six (36) months;
d. For a fourth or subsequent offense within a ten (10) year period:
i. For a person who is issued an ignition interlock license under KRS § 189A.340 and who meets the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, thirty (30) months;
ii. For a person who is issued an ignition interlock license under KRS § 189A.340 but does not meet the one hundred twenty (120) consecutive day requirement within the first thirty (30) months of the issuance of the ignition interlock license, until the person meets the one hundred twenty (120) consecutive day requirement or sixty (60) months, whichever is shorter; or
iii. For all others, sixty (60) months;
e. If the conviction records transmitted to the Transportation Cabinet pursuant to subsection (3) of this section show that a person was convicted of a:
i. First offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision a. of this subparagraph;
ii. Second offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision b. of this subparagraph;
iii. Third offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision c. of this subparagraph; and
iv. Fourth or subsequent offense of KRS § 189A.010, the person’s license shall be suspended as provided in subdivision d. of this subparagraph; and
f. The license suspension shall be deemed effective on the date of entry of the court’s order or judgement for a conviction of KRS
189A.010.
3. Upon conviction of KRS § 189A.010(1)(f), the Transportation Cabinet shall suspend a person’s license to operate a motor vehicle or motorcycle as follows:
a. For a person who is issued an ignition interlock license under KRS
189A.340 and who meets the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, four (4) months;
b. For a person who is issued an ignition interlock license under KRS
189A.340 but does not meet the ninety (90) consecutive day requirement within the first four (4) months of the issuance of the ignition interlock license, until the person meets the ninety (90) consecutive day requirement or six (6) months, whichever is shorter; or
c. For all others, six (6) months.
4. For purposes of this paragraph, “ninety (90) consecutive day requirement” and “one hundred twenty (120) consecutive day requirement” mean the requirements established in KRS
189A.340(4)(b)2.
(b) For a person under the age of eighteen (18), in addition to the penalties specified in KRS § 189A.010, the Transportation Cabinet shall suspend the person’s license to operate a motor vehicle or motorcycle upon conviction of KRS § 189A.010(1). The person shall have his or her license suspended until he or she reaches the age of eighteen (18) or as provided in paragraph (a) of this subsection, whichever penalty will result in the longer period of suspension.
(2) In addition to the period of license suspension set forth in subsection (1) of this section, no person shall be eligible for reinstatement of his or her full privilege to operate a motor vehicle or motorcycle until he or she has completed the alcohol or substance abuse education or treatment program ordered pursuant to KRS
189A.040.
(3) Upon conviction of KRS § 189A.010(1):
(a) A person shall surrender his or her license to operate a motor vehicle or motorcycle to the court. Should the person fail to surrender his or her license to the court, the court shall issue an order directing the sheriff or any other peace officer to seize the license forthwith and deliver it to the court. The court shall then forward the license to the Transportation Cabinet. This paragraph shall not apply to a person who has previously surrendered his or her license pursuant to KRS § 189A.200; and
(b) The court shall immediately transmit the conviction records and other appropriate information to the Transportation Cabinet. A court shall not waive or stay this procedure.
(4) In determining the ten (10) year period under this section, the period shall be measured from the dates on which the offenses occurred for which the judgments of conviction were entered.
Effective: July 1, 2020
History: Repealed and reenacted 2019 Ky. Acts ch. 103, sec. 5, effective July 1, 2020. –
– Amended 2016 Ky. Acts ch. 85, sec. 2, effective April 9, 2016. — Amended 2015
Ky. Acts ch. 124, sec. 2, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 20, effective July 15, 2010. — Amended 2002 Ky. Acts ch. 171, sec. 2, effective
July 15, 2002. — Amended 2000 Ky. Acts ch. 467, sec. 5, effective October 1, 2000.
— Amended 1996 Ky. Acts ch. 198, sec. 12, effective October 1, 1996. — Amended
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective July 1, 1991. — Created
1984 Ky. Acts ch. 165, sec. 7, effective July 13, 1984.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 2 of that Act.