Kentucky Statutes 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 violation of KRS
189A.010(1);
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS § 189A.010(1);
(3) The person was advised of the implied consent law pursuant to KRS § 189A.105;
(4) The peace officer requested the person to take the test or tests pursuant to KRS
189A.103; and
(5) The person refused to take a test requested by a peace officer pursuant to KRS
189A.103;
then the court shall continue the suspension of the person’s operator’s license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS
189A.070 and 189A.107.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 12, effective July 1, 2020. — Amended
2000 Ky. Acts ch. 467, sec. 14, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 10, effective July 1, 1991.
(1) The person was charged and arrested by a peace officer with violation of KRS
Terms Used In Kentucky Statutes 189A.220
- 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
- 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.
- 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 - Refusal: means declining to submit to any test or tests pursuant to KRS §. See Kentucky Statutes 189A.005
189A.010(1);
(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS § 189A.010(1);
(3) The person was advised of the implied consent law pursuant to KRS § 189A.105;
(4) The peace officer requested the person to take the test or tests pursuant to KRS
189A.103; and
(5) The person refused to take a test requested by a peace officer pursuant to KRS
189A.103;
then the court shall continue the suspension of the person’s operator’s license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS
189A.070 and 189A.107.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 12, effective July 1, 2020. — Amended
2000 Ky. Acts ch. 467, sec. 14, effective October 1, 2000. — Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 10, effective July 1, 1991.