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189A.340 Ignition interlock devices and licenses.
(1)
(2)
(a)
Except as provided in KRS 189A.420(4), at the time that the court revokes a
person's license under any provision of KRS 189A.070, for an offense in
violation of KRS 189A.010(1)(a), (b), (e), or (f), the court shall also order
that, at the conclusion of the license revocation, any license the person shall be
issued shall restrict the person to operating only a motor vehicle or motorcycle
equipped with a functioning ignition interlock device.
(b) The ignition interlock periods shall be as follows:
1.
The first time in a ten (10) year period, a functioning ignition interlock
device shall be installed for a period of six (6) months, if at the time of
offense, any of the aggravating circumstances listed under KRS
189A.010(11) were present while the person was operating or in
physical control of a motor vehicle.
2.
The second time in a ten (10) year period, a functioning ignition
interlock device shall be installed for a period of twelve (12) months.
3.
The third or subsequent time in a ten (10) year period, a functioning
ignition interlock device shall be installed for a period of thirty (30)
months.
(c) In determining the ten (10) year period under paragraph (b) of this subsection,
the period shall be measured from the dates on which the offenses occurred
for which the judgments of conviction were entered, resulting in the license
revocations described in KRS 189A.070.
Nothing in this section limits:
(a) The person's right to apply for an ignition interlock license during any period
of suspension or revocation arising from the same incident;
(b) The cabinet's authority to issue an ignition interlock license during any period
of suspension or revocation arising from the same incident if the person meets
all application requirements and is otherwise eligible for such license; or
(c) The person from receiving credit on a day-for-day basis toward any ignition
interlock requirement in paragraph (a) of this subsection for any period the
person held a valid ignition interlock license during any period of suspension
or revocation arising from the same incident. A person prohibited from
operating any motor vehicle or motorcycle without a functioning ignition
interlock device under paragraph (a) of subsection (1) of this section shall
receive any court-determined credit on a day-for-day basis toward any such
ignition interlock requirement for any period the person holds a valid ignition
interlock license during any period of suspension or revocation arising from
the same incident.
Effective: April 9, 2016
History: Amended 2016 Ky. Acts ch. 85, sec. 7, effective April 9, 2016. -- Amended
2015 Ky. Acts ch. 124, sec. 8, effective June 24, 2015. -- Amended 2002 Ky. Acts
ch. 171, sec. 4, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 467, sec. 27,
effective October 1, 2000.
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 7 of that Act.
Legislative Research Commission Note (6/24/2015). During codification, the Reviser of
Statutes has changed the numbering of subsection (1) of this statute from the way it
appeared in 2015 Ky. Acts ch. 124, sec. 8. None of the text of the subsection was
changed.
Legislative Research Commission Note (6/24/2015). During codification, the Reviser of
Statutes has corrected a manifest clerical or typographical error in subsection (1) of
this statute from the way it appeared in 2015 Ky. Acts ch. 124, sec. 8 by changing a
citation to "KRS 189A.010(a), (b), (e), or (f)" to read "KRS 189A.010(1)(a), (b), (e),
or (f)." None of the text of the subsection was changed.
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