2019 Kentucky Revised Statutes Chapter 189A - Driving under the influence 189A.105 Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Right to consult attorney before submitting to tests -- Personal testing option. (Effective July 1, 2020).
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189A.105 Effect of refusal to submit to tests -- Information required to be
provided when tests requested -- Court-ordered testing -- Right to consult
attorney before submitting to tests -- Personal testing option. (Effective
July 1, 2020)
(1)
(2)
A person's refusal to submit to tests under KRS 189A.103 shall result in
suspension of his or her driving privilege as provided in this chapter.
(a) At the time a breath, blood, or urine test is requested, the person shall be
informed:
1.
That, if the person refuses to submit to such tests:
a.
The fact of this refusal may be used against him or her in court
as evidence of violating KRS 189A.010 and will result in
suspension of his or her driver's license by the court at the time
of arraignment; and
b.
Is subsequently convicted of violating KRS 189A.010(1):
i.
For a second or third time within a ten (10) year period,
he or she will be subject to a mandatory minimum jail
sentence which is twice as long as the mandatory
minimum jail sentence imposed if he or she submits to
the tests; and
ii.
His or her license will be suspended by the
Transportation Cabinet;
2.
That, if a test is taken:
a.
The results of the test may be used against the person in court
as evidence of violating KRS 189A.010(1); and
b.
The person has the right to have a test or tests of his or her
blood performed by a person of his or her choosing described
in KRS 189A.103 within a reasonable time of his or her arrest
at the expense of the person arrested; and
3.
That although his or her license will be suspended, he or she may
be eligible immediately for an ignition interlock license allowing him
or her to drive during the period of suspension and, if he or she is
convicted, he or she will receive a credit toward any other ignition
interlock requirement arising from this arrest.
(b) Nothing in this subsection shall be construed to prohibit a judge of a court
of competent jurisdiction from issuing a search warrant or other court
order requiring a blood or urine test, or a combination thereof, of a
defendant charged with a violation of KRS 189A.010, or other statutory
violation arising from the incident, when a person is killed or suffers
physical injury, as defined in KRS 500.080, as a result of the incident in
which the defendant has been charged. However, if the incident involves
a motor vehicle accident in which there was a fatality, the investigating
peace officer shall seek such a search warrant for blood, breath, or urine
testing unless the testing has already been done by consent. If testing
done pursuant to a warrant reveals the presence of alcohol or any other
substance that impaired the driving ability of a person who is charged and
convicted of a violation of KRS 189A.010(1), the sentencing court shall
(3)
(4)
require, in addition to any other sentencing provision, that the defendant
make restitution to the state for the cost of the testing.
During the period immediately preceding the administration of any test, the
person shall be afforded an opportunity of at least ten (10) minutes but not
more than fifteen (15) minutes to attempt to contact and communicate with an
attorney and shall be informed of this right. Inability to communicate with an
attorney during this period shall not be deemed to relieve the person of his
obligation to submit to the tests and the penalties specified by KRS 189A.010
and 189A.107 shall remain applicable to the person upon refusal. Nothing in
this section shall be deemed to create a right to have an attorney present
during the administration of the tests, but the person's attorney may be present
if the attorney can physically appear at the location where the test is to be
administered within the time period established in this section.
Immediately following the administration of the final test requested by the
officer, the person shall again be informed of his or her right to have a test or
tests of his or her blood performed by a person of his or her choosing
described in KRS 189A.103 within a reasonable time of his or her arrest at the
expense of the person arrested. He or she shall then be asked "Do you want
such a test?" The officer shall make reasonable efforts to provide
transportation to the tests.
Effective:July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 9, effective July 1, 2020. -Amended 2015 Ky. Acts ch. 124, sec. 5, effective June 24, 2015. -- Amended
2010 Ky. Acts ch. 149, sec. 23, effective July 15, 2010. -- Amended 2006 Ky.
Acts ch. 116, sec. 2, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 467,
sec. 9, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch.
15, sec. 7, effective July 1, 1991.
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