Kentucky Statutes 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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(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 the person has a valid:
(a) Ignition interlock license in the person’s possession and:
For details, see § 532.060 and § 532.090
1. The motor vehicle or motorcycle is equipped with a functioning ignition interlock device; or
2. The person is operating or in physical control of an employer’s motor vehicle or motorcycle in accordance with KRS § 189A.340(6); or
(b) Hardship license in the person’s possession.
(2) In addition to the period of license suspension imposed by KRS § 189A.070, any person who violates subsection (1) of this section shall:
(a) For a first offense within a ten (10) year period, be guilty of a Class B misdemeanor and have his or her license suspended by the Transportation Cabinet for six (6) months, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for a period of one (1) year;
(b) For a second offense within a ten (10) year period, be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of two (2) years; and
(c) For a third or subsequent offense within a ten (10) year period, be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of five (5) years.
(3) Any person who violates subsection (1) of this section may apply for an ignition interlock license for the remainder of the original period of suspension under KRS
189A.070 and for the entire period of the new suspension if the person is and remains otherwise eligible for such license pursuant to KRS § 189A.340.
(4) The ten (10) year period under this section shall be measured in the same manner as in KRS § 189A.070.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 7, effective July 1, 2020. — Amended
2016 Ky. Acts ch. 85, sec. 3, effective April 9, 2016. — Amended 2015 Ky. Acts ch.
124, sec. 4, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 22, effective July 15, 2010. — Amended 2002 Ky. Acts ch. 171, sec. 3, effective July 15,
2002. — Amended 2000 Ky. Acts ch. 467, sec. 7, effective October 1, 2000. — Amended 1991 1st Extra. Sess. Acts ch. 15, sec. 22, effective July 1, 1991. — Created
1984 Ky. Acts ch. 165, sec. 9, 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 3 of that Act.
(a) Ignition interlock license in the person’s possession and:
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D felony | between 1 and 5 years | between $1,000 and $10,000 |
| 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.090
- 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 - Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
1. The motor vehicle or motorcycle is equipped with a functioning ignition interlock device; or
2. The person is operating or in physical control of an employer’s motor vehicle or motorcycle in accordance with KRS § 189A.340(6); or
(b) Hardship license in the person’s possession.
(2) In addition to the period of license suspension imposed by KRS § 189A.070, any person who violates subsection (1) of this section shall:
(a) For a first offense within a ten (10) year period, be guilty of a Class B misdemeanor and have his or her license suspended by the Transportation Cabinet for six (6) months, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for a period of one (1) year;
(b) For a second offense within a ten (10) year period, be guilty of a Class A misdemeanor and have his or her license suspended by the Transportation Cabinet for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of two (2) years; and
(c) For a third or subsequent offense within a ten (10) year period, be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty of a Class D felony and have his or her license suspended by the Transportation Cabinet for a period of five (5) years.
(3) Any person who violates subsection (1) of this section may apply for an ignition interlock license for the remainder of the original period of suspension under KRS
189A.070 and for the entire period of the new suspension if the person is and remains otherwise eligible for such license pursuant to KRS § 189A.340.
(4) The ten (10) year period under this section shall be measured in the same manner as in KRS § 189A.070.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 7, effective July 1, 2020. — Amended
2016 Ky. Acts ch. 85, sec. 3, effective April 9, 2016. — Amended 2015 Ky. Acts ch.
124, sec. 4, effective June 24, 2015. — Amended 2010 Ky. Acts ch. 149, sec. 22, effective July 15, 2010. — Amended 2002 Ky. Acts ch. 171, sec. 3, effective July 15,
2002. — Amended 2000 Ky. Acts ch. 467, sec. 7, effective October 1, 2000. — Amended 1991 1st Extra. Sess. Acts ch. 15, sec. 22, effective July 1, 1991. — Created
1984 Ky. Acts ch. 165, sec. 9, 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 3 of that Act.