2019 Kentucky Revised Statutes Chapter 189A - Driving under the influence 189A.070 License revocations -- Time periods -- Completion of alcohol or substance treatment or education program required before reinstatement. (Effective until July 1, 2020).
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189A.070
License revocations -- Time periods -- Completion of alcohol or
substance treatment or education program required before reinstatement.
(Effective until July 1, 2020)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Unless the person is under eighteen (18) years of age, in addition to the penalties
specified in KRS 189A.010, a person convicted of violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) shall have his or her license to operate a motor
vehicle or motorcycle revoked by the court as follows:
(a) For the first offense within a ten (10) year period, for a period of not less than
thirty (30) days nor more than one hundred twenty (120) days;
(b) For the second offense within a ten (10) year period, for a period of not less
than twelve (12) months nor more than eighteen (18) months;
(c) For a third offense within a ten (10) year period, for a period of not less than
twenty-four (24) months nor more than thirty-six (36) months; and
(d) For a fourth or subsequent offense within a ten (10) year period, sixty (60)
months.
(e) For purposes of this section, "offense" shall have the same meaning as
described in KRS 189A.010(5)(e).
In determining the ten (10) year period under this section, the period shall be
measured from the dates on which the offenses occurred for which the judgments of
conviction were entered.
In addition to the period of license revocation set forth in subsection (1) or (7) of
this section, no person shall be eligible for reinstatement of his or her full privilege
to operate a motor vehicle until he has completed the alcohol or substance abuse
education or treatment program ordered pursuant to KRS 189A.040.
A person under the age of eighteen (18) who is convicted of violation of KRS
189A.010(1)(a), (b), (c), (d), or (e) shall have his license revoked by the court until
he reaches the age of eighteen (18) or shall have his license revoked as provided in
subsection (1) or (7) of this section, whichever penalty will result in the longer
period of revocation or court-ordered driving conditions.
Licenses revoked pursuant to this chapter shall forthwith be surrendered to the court
upon conviction. The court shall transmit the conviction records, and other
appropriate information to the Transportation Cabinet. A court shall not waive or
stay this procedure.
Should a person convicted under this chapter whose license is revoked fail to
surrender it to the court upon conviction, the court shall issue an order directing the
sheriff or any other peace officer to seize the license forthwith and deliver it to the
court.
After a minimum of twelve (12) months from the effective date of the revocation, a
person whose license has been revoked pursuant to subsection (1)(b), (c), or (d) of
this section may move the court to reduce the period of revocation on a day-for-day
basis for each day the person held a valid ignition interlock license under KRS
189A.420, but in no case shall the reduction reduce the period of ignition interlock
use to less than twelve (12) months. The court may, upon a written finding in the
(8)
record for good cause shown, order such a period to be reduced to not less than
twelve (12) months, if:
(a) The person maintained a valid ignition interlock license and did not operate a
motor vehicle or motorcycle without a functioning ignition interlock device as
provided for in KRS 189A.420;
(b) The person did not operate a motor vehicle or motorcycle in violation of any
restrictions specified by the court; and
(c) The functioning ignition interlock device was installed on the motor vehicle or
motorcycle for a period of time not less than twelve (12) months under
subsection (1)(b), (c), or (d) of this section.
Upon a finding of a violation of any of the conditions specified in subsection (7) of
this section or of the order permitting any reduction in a minimum period of
revocation that is issued pursuant thereto, the court shall dissolve such an order and
the person shall receive no credit toward the minimum period of revocation required
under subsection (1)(b), (c), or (d) of this section.
Effective: April 9, 2016
History: Amended 2016 Ky. Acts ch. 85, sec. 2, effective April 9, 2016. -- Amended
2015 Ky. Acts ch. 124, sec. 2, effective June 24, 2015. -- Amended 2010 Ky. Acts
ch. 149, sec. 20, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 2,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 5, effective October
1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 12, effective October 1, 1996. -Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective July 1, 1991. -Created 1984 Ky. Acts ch. 165, sec. 7, 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 2 of that Act.
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