2017 Kentucky Revised Statutes
CHAPTER 189A - DRIVING UNDER THE INFLUENCE
.005 Definitions for chapter -- License suspensions.
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189A.005 Definitions for chapter -- License suspensions.
As used in this chapter, unless the context requires otherwise:
(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood
or grams of alcohol per 210 liters of breath;
(2) "Ignition interlock device" means a device, certified by the Transportation Cabinet
for use in this Commonwealth under KRS 189A.500(1), that connects a motor
vehicle ignition system or motorcycle ignition system to a breath alcohol analyzer
and prevents a motor vehicle ignition or motorcycle ignition from starting, and from
continuing to operate, if a driver's breath alcohol concentration exceeds 0.02, as
measured by the device;
(3) "Ignition interlock certification of installation" means a certificate providing that the
installed ignition interlock device is certified for use in the Commonwealth under
(4) "Ignition interlock device provider" means any person or company engaged in the
business of manufacturing, selling, leasing, servicing, or monitoring ignition
interlock devices within the Commonwealth;
(5) "Ignition interlock license" means a motor vehicle or motorcycle operator's license
issued or granted by the laws of the Commonwealth of Kentucky that, with limited
exceptions, permits a person to drive only motor vehicles or motorcycles equipped
with a functioning ignition interlock device;
(6) "License" means any driver's or operator's license or any other license or permit to
operate a motor vehicle issued under or granted by the laws of this state including:
(a) Any temporary license or instruction permit;
(b) The privilege of any person to obtain a valid license or instruction permit, or
to drive a motor vehicle whether or not the person holds a valid license; and
(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189;
(7) "Limited access highway" has the same meaning as "limited access facility" does in
(8) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103.
Declining may be either by word or by the act of refusal. If the breath testing
instrument for any reason shows an insufficient breath sample and the alcohol
concentration cannot be measured by the breath testing instrument, the law
enforcement officer shall then request the defendant to take a blood or urine test in
lieu of the breath test. If the defendant then declines either by word or by the act of
refusal, he shall then be deemed to have refused if the refusal occurs at the site at
which any alcohol concentration or substance test is to be administered;
(9) When age is a factor, it shall mean age at the time of the commission of the offense;
(10) Unless otherwise provided, license suspensions under this chapter shall be imposed
by the court. The court shall impose the applicable period of license suspension
enumerated by this chapter and shall include in its order or judgment the length and
terms of any suspension imposed. The license suspension shall be deemed effective
on the date of entry of the court's order or judgment. The role of the Transportation
Cabinet shall be limited to administering the suspension period under the terms and
for the duration enumerated by the court in its order or judgment.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 124, sec. 1, effective June 24, 2015. -- Amended
2002 Ky. Acts ch. 171, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch.
467, sec. 1, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch.
15, sec. 1, effective July 1, 1991.
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