2019 Kentucky Revised Statutes Chapter 189A - Driving under the influence 189A.090 Operating motor vehicle while license is suspended for driving under the influence prohibited -- Operating motor vehicle without ignition interlock license or hardship license prohibited -- Penalties. (Effective July 1, 2020).
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189A.090 Operating motor vehicle while license is suspended for driving
under the influence prohibited -- Operating motor vehicle without ignition
interlock license or hardship license prohibited -- Penalties. (Effective
July 1, 2020)
(1)
(2)
(3)
(4)
No person shall operate or be in physical control of a motor vehicle or
motorcycle while his or her license is suspended under this chapter, unless the
person has a valid:
(a) Ignition interlock license in the person's possession and:
1.
The motor vehicle or motorcycle is equipped with a functioning
ignition interlock device; or
2.
The person is operating or in physical control of an employer's
motor vehicle or motorcycle in accordance with KRS 189A.340(6); or
(b) Hardship license in the person's possession.
In addition to the period of license suspension imposed by KRS 189A.070, 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 or her license suspended by the
Transportation Cabinet 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 the person shall be guilty of a Class A misdemeanor and have his
or her license suspended by the Transportation Cabinet 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 or her license suspended by the
Transportation Cabinet 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 the
person shall be guilty of a Class D felony and have his or her license
suspended by the Transportation Cabinet for a period of two (2) years;
and
(c) For a third or subsequent offense within a ten (10) year period, be guilty
of a Class D felony and have his or her license suspended by the
Transportation Cabinet 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 the
person shall be guilty of a Class D felony and have his or her license
suspended by the Transportation Cabinet for a period of five (5) years.
Any person who violates subsection (1) of this section may apply for an ignition
interlock license for the remainder of the original period of suspension under
KRS 189A.070 and for the entire period of the new suspension if the person is
and remains otherwise eligible for such license pursuant to KRS 189A.340.
The ten (10) year period under this section shall be measured in the same
manner as in KRS 189A.070.
Effective:July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 7, effective July 1, 2020. --
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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