2015 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 -- Ignition interlock license -- 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 -- Ignition interlock license -- 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 his or her license will be suspended
by the court at the time of arraignment, and he or she will be unable to
obtain an ignition interlock license during the suspension period; 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 although his
or her license will be suspended, he or she may be eligible immediately
for an ignition interlock license allowing him or her to drive during the
period of suspension and, if he or she is convicted, he or she will receive
a credit toward any other ignition interlock requirement arising from this
arrest; 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
(4)
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 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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 124, sec. 5, effective June 24, 2015. -- 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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