2013 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.
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189A.107 License suspension for refusal to take alcohol or substance tests -Hearing on alleged refusal --Time period for suspension.
(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 driver's license suspended by the
court during the pendency of the action under KRS 189A.200.
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 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. 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 a period of time within the time range specified that the
license would have been suspended upon conviction as set forth in KRS
189A.070(1).
Effective:October 1, 2000
History: 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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