2016 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE .090 Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without required ignition interlock license prohibited -- Penalties.
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189A.090 Operating motor vehicle while license is revoked or suspended for
driving under the influence prohibited -- Operating motor vehicle without
required ignition interlock license prohibited -- Penalties.
(1)
(2)
(3)
(4)
No person shall operate or be in physical control of a motor vehicle while his or
her license is revoked or suspended under this chapter, or upon the conclusion
of a license revocation period pursuant to KRS 189A.340 unless the person
has his or her valid ignition interlock license in the person's possession and the
motor vehicle or motorcycle is equipped with a functioning ignition interlock
device as required by KRS 189A.420.
In addition to any other penalty imposed by the court, any person who violates
subsection (1) of this section shall:
(a) For a first offense within a ten (10) year period, be guilty of a Class B
misdemeanor and have his license revoked by the court for six (6)
months, unless at the time of the offense the person was also operating
or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event he shall be guilty of a
Class A misdemeanor and have his license revoked by the court for a
period of one (1) year;
(b) For a second offense within a ten (10) year period, be guilty of a Class A
misdemeanor and have his license revoked by the court for one (1) year,
unless at the time of the offense the person was also operating or in
physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b),
(c), (d), or (e), in which event he shall be guilty of a Class D felony and
have his license revoked by the court for a period of two (2) years;
(c) For a third or subsequent offense within a ten (10) year period, be guilty
of a Class D felony and have his license revoked by the court for two (2)
years, unless at the time of the offense the person was also operating or
in physical control of a motor vehicle in violation of KRS 189A.010(1)(a),
(b), (c), (d), or (e), in which event he shall be guilty of a Class D felony
and have his license revoked by the court for a period of five (5) years;
and
(d) At the sole discretion of the court, in the interest of public safety and upon
a written finding in the record for good cause shown, the court may order
that, following any period of incarceration required for the conviction of an
offense under paragraph (a), (b), or (c) of this subsection, the eligible
person is authorized to apply for and the cabinet shall issue to the person
an ignition interlock license for the remainder of the original period of
suspension or revocation and for the entire period of the new revocation if
the person is and remains otherwise eligible for such license.
The ten (10) year period under this section shall be measured in the same
manner as in KRS 189A.070.
Upon a finding of a violation of any of the requirements of an ignition interlock
license, the court shall dissolve such an order and the person shall receive no
credit toward the remaining period of revocation required under subsection
(2)(b) or (c) of this section.
Effective:April 9, 2016
History: Amended 2016 Ky. Acts ch. 85, sec. 3, effective April 9, 2016. -- Amended
2015 Ky. Acts ch. 124, sec. 4, effective June 24, 2015. -- Amended 2010 Ky.
Acts ch. 149, sec. 22, effective July 15, 2010. -- Amended 2002 Ky. Acts ch.
171, sec. 3, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 7,
effective October 1, 2000. -- Amended 1991 1st Extra. Sess. Acts ch. 15, sec.
22, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 9, effective
July 13, 1984.
Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10
provided that that Act shall be known as the Brianna Taylor Act. This statute
was amended in Section 3 of that Act.
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