Kentucky Statutes 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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(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) shall have his or her driver’s license suspended during the pendency of the action as provided in KRS § 189A.200.
(2) (a) In the event a defendant is not convicted of a violation of KRS
189A.010(1) in a case in which it is alleged that he or she refused to take an alcohol concentration or substance test, upon motion of the attorney for the Commonwealth, the court shall conduct a hearing, without a jury, to determine by clear and convincing evidence if the person actually refused the testing. However, the hearing shall not be required if the court has made a previous determination of the issue at a hearing held under KRS § 189A.200 and KRS § 189A.220.
(b) If the court finds that the person did refuse to submit to a breath, blood, or urine test, the court shall suspend the person’s driver’s license for the period of time the license would have been suspended upon conviction as set forth in KRS § 189A.070(1), except that the court may authorize the person to apply to the Transportation Cabinet for issuance of an ignition interlock license under KRS § 189A.340 for the period of the suspension.
(c) When the court orders the suspension of a person’s license pursuant to this subsection, the person shall surrender the license in the same manner prescribed by KRS § 189A.200(4). In addition, notice of the suspension shall be immediately transmitted to the Transportation Cabinet.
Effective:April 6, 2022
History: Amended 2022 Ky. Acts ch. 83, sec. 5, effective April 6, 2022. — Amended
2019 Ky. Acts ch. 103, sec. 10, effective July 1, 2020. — Amended 2015 Ky. Acts ch. 124, sec. 6, effective June 24, 2015. — Amended 2000 Ky. Acts ch.
467, sec. 10, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.
(2) (a) In the event a defendant is not convicted of a violation of KRS
Terms Used In Kentucky Statutes 189A.107
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Cabinet: means the Transportation Cabinet. See Kentucky Statutes 189A.005
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.010(1) in a case in which it is alleged that he or she refused to take an alcohol concentration or substance test, upon motion of the attorney for the Commonwealth, the court shall conduct a hearing, without a jury, to determine by clear and convincing evidence if the person actually refused the testing. However, the hearing shall not be required if the court has made a previous determination of the issue at a hearing held under KRS § 189A.200 and KRS § 189A.220.
(b) If the court finds that the person did refuse to submit to a breath, blood, or urine test, the court shall suspend the person’s driver’s license for the period of time the license would have been suspended upon conviction as set forth in KRS § 189A.070(1), except that the court may authorize the person to apply to the Transportation Cabinet for issuance of an ignition interlock license under KRS § 189A.340 for the period of the suspension.
(c) When the court orders the suspension of a person’s license pursuant to this subsection, the person shall surrender the license in the same manner prescribed by KRS § 189A.200(4). In addition, notice of the suspension shall be immediately transmitted to the Transportation Cabinet.
Effective:April 6, 2022
History: Amended 2022 Ky. Acts ch. 83, sec. 5, effective April 6, 2022. — Amended
2019 Ky. Acts ch. 103, sec. 10, effective July 1, 2020. — Amended 2015 Ky. Acts ch. 124, sec. 6, effective June 24, 2015. — Amended 2000 Ky. Acts ch.
467, sec. 10, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.