2013 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE 189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing.
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189A.103 Consent to tests for alcohol concentration or substance which may
impair driving ability -- Test procedures -- Who may administer -Personal testing.
The following provisions shall apply to any person who operates or is in physical
control of a motor vehicle or a vehicle that is not a motor vehicle in this
Commonwealth:
(1) He or she has given his or her consent to one (1) or more tests of his or her
blood, breath, and urine, or combination thereof, for the purpose of determining
alcohol concentration or presence of a substance which may impair one's
driving ability, if an officer has reasonable grounds to believe that a violation of
KRS 189A.010(1) or 189.520(1) has occurred;
(2) Any person who is dead, unconscious, or otherwise in a condition rendering
him or her incapable of refusal is deemed not to have withdrawn the consent
provided in subsection (1) of this section, and the test may be given;
(3) The breath, blood, and urine tests administered pursuant to this section shall
be administered at the direction of a peace officer having reasonable grounds
to believe the person has committed a violation of KRS 189A.010(1) or
189.520(1).
(a) Tests of the person's breath, blood, or urine, to be valid pursuant to this
section, shall have been performed according to the administrative
regulations promulgated by the secretary of the Justice and Public Safety
Cabinet, and shall have been performed, as to breath tests, only after a
peace officer has had the person under personal observation at the
location of the test for a minimum of twenty (20) minutes.
(b) All breath tests shall be administered by a peace officer holding a
certificate as an operator of a breath analysis instrument, issued by the
secretary of the Justice and Public Safety Cabinet or his or her designee;
(4) A breath test shall consist of a test which is performed in accordance with the
manufacturer's instructions for the use of the instrument. The secretary of the
Justice and Public Safety Cabinet shall keep available for public inspection
copies of these manufacturer's instructions for all models of breath testing
devices in use by the Commonwealth of Kentucky;
(5) When the preliminary breath test, breath test, or other evidence gives the
peace officer reasonable grounds to believe there is impairment by a
substance which is not subject to testing by a breath test, then blood or urine
tests, or both, may be required in addition to a breath test, or in lieu of a breath
test;
(6) Only a physician, registered nurse, phlebotomist, medical technician, or
medical technologist not otherwise prohibited by law can withdraw any blood of
any person submitting to a test under this section; and
(7) After the person has submitted to all alcohol concentration tests and substance
tests requested by the officer, the person tested shall be permitted to have a
person listed in subsection (6) of this section of his or her own choosing
administer a test or tests in addition to any tests administered at the direction of
the peace officer. Tests conducted under this section shall be conducted within
a reasonable length of time. Provided, however, the nonavailability of the
person chosen to administer a test or tests in addition to those administered at
the direction of the peace officer within a reasonable time shall not be grounds
for rendering inadmissible as evidence the results of the test or tests
administered at the direction of the peace officer.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 214, effective June 26, 2007. -Amended 2000 Ky. Acts ch. 467, sec. 8, effective October 1, 2000. -- Created
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 6, effective July 1, 1991.
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