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189A.005 Definitions for chapter -- License suspensions.
As used in this chapter, unless the context requires otherwise:
(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath;
(2) "Ignition interlock device" means a device that connects a motor vehicle
ignition system or motorcycle ignition system to a breath alcohol analyzer and
prevents a motor vehicle ignition or motorcycle ignition from starting, and from
continuing to operate, if a driver's breath alcohol concentration exceeds 0.02,
as measured by the device;
(3) "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;
(b) The privilege of any person to obtain a valid license or instruction permit,
or to drive a motor vehicle whether or not the person holds a valid license;
and
(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or
189;
(4) "Limited access highway" has the same meaning as "limited access facility"
does in KRS 177.220;
(5) "Refusal" means declining to submit to any test or tests pursuant to KRS
189A.103. Declining may be either by word or by the act of refusal. If the
breath testing instrument for any reason shows an insufficient breath sample
and the alcohol concentration cannot be measured by the breath testing
instrument, the law enforcement officer shall then request the defendant to take
a blood or urine test in lieu of the breath test. If the defendant then declines
either by word or by the act of refusal, he shall then be deemed to have
refused if the refusal occurs at the site at which any alcohol concentration or
substance test is to be administered;
(6) When age is a factor, it shall mean age at the time of the commission of the
offense; and
(7) Unless otherwise provided, license suspensions under this chapter shall be
imposed by the court. The court shall impose the applicable period of license
suspension enumerated by this chapter and shall include in its order or
judgment the length and terms of any suspension imposed. The license
suspension shall be deemed effective on the date of entry of the court's order
or judgment. The role of the Transportation Cabinet shall be limited to
administering the suspension period under the terms and for the duration
enumerated by the court in its order or judgment.
Effective:July 15, 2002
History: Amended 2002 Ky. Acts ch. 171, sec. 1, effective July 15, 2002. -Amended 2000 Ky. Acts ch. 467, sec. 1, effective October 1, 2000. -- Created
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1, effective July 1, 1991.
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