2018 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE .200 Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person -- Hearing -- Length of suspension -- Availability of ignition interlock license to person waiving right to judicial review of suspension.
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189A.200 Pretrial suspension of license of person charged with driving under
the influence for refusing to take test, for being a repeat offender, and for
causing accident resulting in death or serious physical injury to another
person -- Hearing -- Length of suspension -- Availability of ignition
interlock license to person waiving right to judicial review of suspension.
(1)
(2)
(3)
(4)
(5)
The court shall at the arraignment or as soon as such relevant information
becomes available suspend the motor vehicle operator's license and
motorcycle operator's license and driving privileges of any person charged with
a violation of KRS 189A.010(1) who:
(a) Has refused to take an alcohol concentration or substance test as
reflected on the uniform citation form;
(b) Has been convicted of one (1) or more prior offenses as described in
KRS 189A.010(5)(e) or has had his operator's license revoked or
suspended on one (1) or more occasions for refusing to take an alcohol
concentration or substance test, in the ten (10) year period immediately
preceding his arrest; or
(c) Was involved in an accident that resulted in death or serious physical
injury as defined in KRS 500.080 to a person other than the defendant.
Persons whose licenses have been suspended pursuant to this section may
file a motion for judicial review of the suspension, and the court shall conduct
the review in accordance with this chapter within thirty (30) days after the filing
of the motion. The court shall, at the time of the suspension, advise the
defendant of his rights to the review. If the person files a motion with the court
waiving the right to judicial review of the suspension, the court, in its discretion,
may authorize the person to apply to the cabinet for issuance of an ignition
interlock license under KRS 189A.420 for the period of the suspension. If the
person complies with KRS 189A.420 and is otherwise eligible, the cabinet shall
issue the person an ignition interlock license for the remainder of the
suspension period and apply the court-determined credit on a day-for-day
basis for any subsequent ignition interlock requirement arising from the same
incident.
When the court orders the suspension of a license pursuant to this section, the
defendant shall immediately surrender the license to the Circuit Court clerk,
and the court shall retain the defendant in court or remand him into the custody
of the sheriff until the license is produced and surrendered. If the defendant
has lost his operator's license, other than due to a previous suspension or
revocation, which is still in effect, the sheriff shall take him to the office of the
circuit clerk so that a new license can be issued. If the license is currently
under suspension or revocation, the provisions of this subsection shall not
apply.
The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet
any license surrendered to him pursuant to this section.
Licenses suspended under this section shall remain suspended until a
judgment of conviction or acquittal is entered in the case or until the court
enters an order terminating the suspension, but in no event for a period longer
than the maximum license suspension period applicable to the person under
KRS 189A.070 and 189A.107. Nothing in this subsection shall prevent the
(6)
person from filing a motion for, the court from granting, or the cabinet from
issuing an ignition interlock license under subsection (2) of this section.
Any person whose operator's license has been suspended pursuant to this
section shall be given credit for all pretrial suspension time against the period
of revocation imposed. Licenses suspended under this section shall remain
suspended until a judgment of conviction or acquittal is entered in the case or
until the court enters an order terminating the suspension, but in no event for a
period longer than the maximum license suspension period applicable to the
person under KRS 189A.070 and 189A.107.
Effective:April 9, 2016
History: Amended 2016 Ky. Acts ch. 85, sec. 4, effective April 9, 2016. -- Amended
2015 Ky. Acts ch. 124, sec. 7, effective June 24, 2015. -- Amended 2000 Ky.
Acts ch. 467, sec. 13, effective October 1, 2000. -- Amended 1996 Ky. Acts ch.
198, sec. 14, effective October 1, 1996. -- Created 1991 (1st Extra. Sess.) Ky.
Acts ch. 15, sec. 9, effective July 1, 1991.
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 4 of that Act.
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