2013 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE 189A.105 Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Right to consult attorney before submitting to tests -- Personal testing option.
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189A.105 Effect of refusal to submit to tests -- Information required to be
provided when tests requested -- Court-ordered testing -- Right to consult
attorney before submitting to tests -- Personal testing option.
(1)
(2)
(3)
A person's refusal to submit to tests under KRS 189A.103 shall result in
revocation of his driving privilege as provided in this chapter.
(a) At the time a breath, blood, or urine test is requested, the person shall be
informed:
1.
That, if the person refuses to submit to such tests, the fact of this
refusal may be used against him in court as evidence of violating
KRS 189A.010 and will result in revocation of his driver's license,
and if the person refuses to submit to the tests and is subsequently
convicted of violating KRS 189A.010(1) then he will be subject to a
mandatory minimum jail sentence which is twice as long as the
mandatory minimum jail sentence imposed if he submits to the tests,
and that if the person refuses to submit to the tests he will be unable
to obtain a hardship license; and
2.
That, if a test is taken, the results of the test may be used against
him in court as evidence of violating KRS 189A.010(1), and that if
the results of the test are 0.15 or above and the person is
subsequently convicted of violating KRS 189A.010(1), then he will
be subject to a sentence that is twice as long as the mandatory
minimum jail sentence imposed if the results are less than 0.15; and
3.
That if the person first submits to the requested alcohol and
substance tests, the person has the right to have a test or tests of
his blood performed by a person of his choosing described in KRS
189A.103 within a reasonable time of his arrest at the expense of
the person arrested.
(b) Nothing in this subsection shall be construed to prohibit a judge of a court
of competent jurisdiction from issuing a search warrant or other court
order requiring a blood or urine test, or a combination thereof, of a
defendant charged with a violation of KRS 189A.010, or other statutory
violation arising from the incident, when a person is killed or suffers
physical injury, as defined in KRS 500.080, as a result of the incident in
which the defendant has been charged. However, if the incident involves
a motor vehicle accident in which there was a fatality, the investigating
peace officer shall seek such a search warrant for blood, breath, or urine
testing unless the testing has already been done by consent. If testing
done pursuant to a warrant reveals the presence of alcohol or any other
substance that impaired the driving ability of a person who is charged with
and convicted of an offense arising from the accident, the sentencing
court shall require, in addition to any other sentencing provision, that the
defendant make restitution to the state for the cost of the testing.
During the period immediately preceding the administration of any test, the
person shall be afforded an opportunity of at least ten (10) minutes but not
more than fifteen (15) minutes to attempt to contact and communicate with an
attorney and shall be informed of this right. Inability to communicate with an
attorney during this period shall not be deemed to relieve the person of his
(4)
obligation to submit to the tests and the penalties specified by KRS 189A.010
and 189A.107 shall remain applicable to the person upon refusal. Nothing in
this section shall be deemed to create a right to have an attorney present
during the administration of the tests, but the person's attorney may be present
if the attorney can physically appear at the location where the test is to be
administered within the time period established in this section.
Immediately following the administration of the final test requested by the
officer, the person shall again be informed of his right to have a test or tests of
his blood performed by a person of his choosing described in KRS 189A.103
within a reasonable time of his arrest at the expense of the person arrested. He
shall then be asked "Do you want such a test?" The officer shall make
reasonable efforts to provide transportation to the tests.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 149, sec. 23, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 116, sec. 2, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 467, sec. 9, effective October 1, 2000. -- Created 1991 (1st
Extra. Sess.) Ky. Acts ch. 15, sec. 7, effective July 1, 1991.
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