2019 Kentucky Revised Statutes Chapter 189A - Driving under the influence 189A.107 License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension -- Notice to Transportation Cabinet. (Effective July 1, 2020).
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189A.107 License suspension for refusal to take alcohol or substance tests -Hearing on alleged refusal --Time period for suspension -- Notice to
Transportation Cabinet. (Effective July 1, 2020)
(1)
(2)
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.
(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 189A.220.
(b) If the court finds that the person did refuse to submit to the testing, 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:July 1, 2020
History: 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.
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