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AN ACT relating to driving under the influence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189A.010 is amended to read as follows: 3
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in 4
this state: 5
(a) Having an alcohol concentration of 0.08 or more as measured by a 6
scientifically reliable test or tests of a sample of the person's breath or blood 7
taken within two (2) hours of cessation of operation or physical control of a 8
motor vehicle; 9
(b) While under the influence of alcohol; 10
(c) While under the influence of any other substance or combination of 11
substances which impairs one's driving ability; 12
(d) While the presence of a controlled substance listed in subsection (10)[(12)] of 13
this section is detected in the blood, as measured by a scientifically reliable 14
test, or tests, taken within two (2) hours of cessation of operation or physical 15
control of a motor vehicle; 16
(e) While under the combined influence of alcohol and any other substance which 17
impairs one's driving ability; or 18
(f) Having an alcohol concentration of 0.02 or more as measured by a 19
scientifically reliable test or tests of a sample of the person's breath or blood 20
taken within two (2) hours of cessation of operation or physical control of a 21
motor vehicle, if the person is under the age of twenty-one (21). 22
(2) With the exception of the results of the tests administered pursuant to KRS 23
189A.103(7): 24
(a) If the sample of the person's blood or breath that is used to determine the 25
alcohol concentration thereof was obtained more than two (2) hours after 26
cessation of operation or physical control of a motor vehicle, the results of the 27 UNOFFICIAL COPY 23 RS BR 1023
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test or tests shall be inadmissible as evidence in a prosecution under 1
subsection (1)(a) or (f) of this section. The results of the test or tests, however, 2
may be admissible in a prosecution under subsection (1)(b) or (e) of this 3
section; or 4
(b) If the sample of the person's blood that is used to determine the presence of a 5
controlled substance was obtained more than two (2) hours after cessation of 6
operation or physical control of a motor vehicle, the results of the test or tests 7
shall be inadmissible as evidence in a prosecution under subsection (1)(d) of 8
this section. The results of the test or tests, however, may be admissible in a 9
prosecution under subsection (1)(c) or (e) of this section. 10
(3) In any prosecution for a violation of subsection (1)(b) or (e) of this section in which 11
the defendant is charged with having operated or been in physical control of a 12
motor vehicle while under the influence of alcohol, the alcohol concentration in the 13
defendant's blood as determined at the time of making analysis of his blood or 14
breath shall give rise to the following presumptions: 15
(a) If there was an alcohol concentration of less than 0.04 based upon the 16
definition of alcohol concentration in KRS 189A.005, it shall be presumed 17
that the defendant was not under the influence of alcohol; and 18
(b) If there was an alcohol concentration of 0.04 or greater but less than 0.08 19
based upon the definition of alcohol concentration in KRS 189A.005, that fact 20
shall not constitute a presumption that the defendant either was or was not 21
under the influence of alcohol, but that fact may be considered, together with 22
other competent evidence, in determining the guilt or innocence of the 23
defendant. 24
The provisions of this subsection shall not be construed as limiting the introduction 25
of any other competent evidence bearing upon the questions of whether the 26
defendant was under the influence of alcohol or other substances, in any 27 UNOFFICIAL COPY 23 RS BR 1023
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prosecution for a violation of subsection (1)(b) or (e) of this section. 1
(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person 2
charged with violation of subsection (1) of this section is legally entitled to 3
use any substance, including alcohol, shall not constitute a defense against 4
any charge of violation of subsection (1) of this section. 5
(b) A laboratory test or tests for a controlled substance shall be inadmissible as 6
evidence in a prosecution under subsection (1)(d) of this section upon a 7
finding by the court that the defendant consumed the substance under a valid 8
prescription from a practitioner, as defined in KRS 218A.010, acting in the 9
course of his or her professional practice. However, a laboratory test for a 10
controlled substance may be admissible as evidence in a prosecution under 11
subsection (1)(c) or (e) of this section. 12
(5) Any person who violates the provisions of [paragraph (a), (b), (c), (d), or (e) of 13
]subsection (1) of this section shall: 14
(a) For the first offense within a ten (10) year period, be fined not less than two 15
hundred dollars ($200) nor more than five hundred dollars ($500), or be 16
imprisoned in the county jail for not less than forty-eight (48) hours nor more 17
than thirty (30) days, or both. Following sentencing, the defendant may apply 18
to the judge for permission to enter a community labor program for not less 19
than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or 20
imprisonment, or both. If any of the aggravating circumstances listed in 21
subsection (9)[(11)] of this section are present while the person was operating 22
or in physical control of a motor vehicle, the mandatory minimum term of 23
imprisonment shall be four (4) days, which term shall not be suspended, 24
probated, conditionally discharged, or subject to any other form of early 25
release; 26
(b) For the second offense within a ten (10) year period, be fined not less than 27 UNOFFICIAL COPY 23 RS BR 1023
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three hundred fifty dollars ($350) nor more than five hundred dollars ($500) 1
and shall be imprisoned in the county jail for not less than seven (7) days nor 2
more than six (6) months and, in addition to fine and imprisonment, may be 3
sentenced to community labor for not less than ten (10) days nor more than 4
six (6) months. If any of the aggravating circumstances listed in subsection 5
(9)[(11)] of this section are present, the mandatory minimum term of 6
imprisonment shall be fourteen (14) days, which term shall not be suspended, 7
probated, conditionally discharged, or subject to any other form of early 8
release; 9
(c) For a third offense within a ten (10) year period, be fined not less than five 10
hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall 11
be imprisoned in the county jail for not less than thirty (30) days nor more 12
than twelve (12) months and may, in addition to fine and imprisonment, be 13
sentenced to community labor for not less than thirty (30) days nor more than 14
twelve (12) months. If any of the aggravating circumstances listed in 15
subsection (9)[(11)] of this section are present, the mandatory minimum term 16
of imprisonment shall be sixty (60) days, which term shall not be suspended, 17
probated, conditionally discharged, or subject to any other form of early 18
release; 19
(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a 20
Class D felony. If any of the aggravating circumstances listed in subsection 21
(9)[(11)] of this section are present, the mandatory minimum term of 22
imprisonment shall be two hundred forty (240) days, which term shall not be 23
suspended, probated, conditionally discharged, or subject to any other form of 24
release; and 25
(e) For purposes of this subsection, prior offenses shall include all convictions in 26
this state, and any other state or jurisdiction, for operating or being in control 27 UNOFFICIAL COPY 23 RS BR 1023
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of a motor vehicle while under the influence of alcohol or other substances 1
that impair one's driving ability, or any combination of alcohol and such 2
substances, or while having an unlawful alcohol concentration, or driving 3
while intoxicated[, but shall not include convictions for violating subsection 4
(1)(f) of this section]. A court shall receive as proof of a prior conviction a 5
copy of that conviction, certified by the court ordering the conviction. 6
[(6) Any person who violates the provisions of subsection (1)(f) of this section shall be 7
fined no less than one hundred dollars ($100) and no more than five hundred dollars 8
($500), or sentenced to twenty (20) hours of community service in lieu of a fine. A 9
person subject to the penalties of this subsection shall not be subject to the penalties 10
established in subsection (5) of this section or any other penalty established 11
pursuant to KRS Chapter 189A, except those established in KRS 189A.040(1) and 12
KRS 189A.070. 13
(7) If the person is under the age of twenty-one (21) and there was an alcohol 14
concentration of 0.08 or greater based on the definition of alcohol concentration in 15
KRS 189A.005, the person shall be subject to the penalties established pursuant to 16
subsection (5) of this section.] 17
(6)[(8)] For a second or third offense within a ten (10) year period, the minimum 18
sentence of imprisonment or community labor shall not be suspended, probated, or 19
subject to conditional discharge or other form of early release. For a fourth or 20
subsequent offense under this section, the minimum term of imprisonment shall be 21
one hundred twenty (120) days, and this term shall not be suspended, probated, or 22
subject to conditional discharge or other form of early release. For a second or 23
subsequent offense, at least forty-eight (48) hours of the mandatory sentence shall 24
be served consecutively. 25
(7)[(9)] When sentencing persons under subsection (5)(a) of this section, at least one 26
(1) of the penalties shall be assessed and that penalty shall not be suspended, 27 UNOFFICIAL COPY 23 RS BR 1023
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probated, or subject to conditional discharge or other form of early release. 1
(8)[(10)] In determining the ten (10) year period under this section, the period shall be 2
measured from the dates on which the offenses occurred for which the judgments of 3
conviction were entered. 4
(9)[(11)] For purposes of this section, aggravating circumstances are any one (1) or 5
more of the following: 6
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the 7
speed limit; 8
(b) Operating a motor vehicle in the wrong direction on a limited access highway; 9
(c) Operating a motor vehicle that causes an accident resulting in death or serious 10
physical injury as defined in KRS 500.080; 11
(d) Operating a motor vehicle while the alcohol concentration in the operator's 12
blood or breath is 0.15 or more as measured by a test or tests of a sample of 13
the operator's blood or breath taken within two (2) hours of cessation of 14
operation of the motor vehicle; 15
(e) Refusing to submit to any test or tests of one's blood, breath, or urine 16
requested by an officer having reasonable grounds to believe the person was 17
operating or in physical control of a motor vehicle in violation of subsection 18
(1) of this section, except it shall not be considered an aggravating 19
circumstance for a first offense under subsection (5)(a) of this section; and 20
(f) Operating a motor vehicle that is transporting a passenger under the age of 21
twelve (12) years old. 22
(10)[(12)] The substances applicable to a prosecution under subsection (1)(d) of this 23
section are: 24
(a) Any Schedule I controlled substance except marijuana; 25
(b) Alprazolam; 26
(c) Amphetamine; 27 UNOFFICIAL COPY 23 RS BR 1023
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(d) Buprenorphine; 1
(e) Butalbital; 2
(f) Carisoprodol; 3
(g) Cocaine; 4
(h) Diazepam; 5
(i) Hydrocodone; 6
(j) Meprobamate; 7
(k) Methadone; 8
(l) Methamphetamine; 9
(m) Oxycodone; 10
(n) Promethazine; 11
(o) Propoxyphene; and 12
(p) Zolpidem. 13
Section 2. KRS 189A.070 is amended to read as follows: 14
(1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the 15
penalties specified in KRS 189A.010, the Transportation Cabinet shall 16
suspend a person's license to operate a motor vehicle or motorcycle 17
upon conviction of KRS 189A.010(1). 18
2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the 19
Transportation Cabinet shall suspend a person's license to operate a 20
motor vehicle or motorcycle as follows: 21
a. For the first offense within a ten (10) year period: 22
i. For a person who is issued an ignition interlock license under 23
KRS 189A.340 and who meets the ninety (90) consecutive 24
day requirement within the first four (4) months of the 25
issuance of the ignition interlock license, four (4) months; 26
ii. For a person who is issued an ignition interlock license under 27 UNOFFICIAL COPY 23 RS BR 1023
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KRS 189A.340 but does not meet the ninety (90) 1
consecutive day requirement within the first four (4) months 2
of the issuance of the ignition interlock license, until the 3
person meets the ninety (90) consecutive day requirement or 4
six (6) months, whichever is shorter; or 5
iii. For all others, six (6) months; 6
b. For the second offense within a ten (10) year period: 7
i. For a person who is issued an ignition interlock license under 8
KRS 189A.340 and who meets the one hundred twenty (120) 9
consecutive day requirement within the first twelve (12) 10
months of the issuance of the ignition interlock license, 11
twelve (12) months; 12
ii. For a person who is issued an ignition interlock license under 13
KRS 189A.340 but does not meet the one hundred twenty 14
(120) consecutive day requirement within the first twelve 15
(12) months of the issuance of the ignition interlock license, 16
until the person meets the one hundred twenty (120) 17
consecutive day requirement or eighteen (18) months, 18
whichever is shorter; or 19
iii. For all others, eighteen (18) months; 20
c. For a third offense within a ten (10) year period: 21
i. For a person who is issued an ignition interlock license under 22
KRS 189A.340 and who meets the one hundred twenty (120) 23
consecutive day requirement within the first eighteen (18) 24
months of the issuance of the ignition interlock license, 25
eighteen (18) months; 26
ii. For a person who is issued an ignition interlock license under 27 UNOFFICIAL COPY 23 RS BR 1023
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KRS 189A.340 but does not meet the one hundred twenty 1
(120) consecutive day requirement within the first eighteen 2
(18) months of the issuance of the ignition interlock license, 3
until the person meets the one hundred twenty (120) 4
consecutive day requirement or thirty-six (36) months, 5
whichever is shorter; or 6
iii. For all others, thirty-six (36) months; 7
d. For a fourth or subsequent offense within a ten (10) year period: 8
i. For a person who is issued an ignition interlock license under 9
KRS 189A.340 and who meets the one hundred twenty (120) 10
consecutive day requirement within the first thirty (30) 11
months of the issuance of the ignition interlock license, thirty 12
(30) months; 13
ii. For a person who is issued an ignition interlock license under 14
KRS 189A.340 but does not meet the one hundred twenty 15
(120) consecutive day requirement within the first thirty (30) 16
months of the issuance of the ignition interlock license, until 17
the person meets the one hundred twenty (120) consecutive 18
day requirement or sixty (60) months, whichever is shorter; 19
or 20
iii. For all others, sixty (60) months; 21
e. If the conviction records transmitted to the Transportation Cabinet 22
pursuant to subsection (3) of this section show that a person was 23
convicted of a: 24
i. First offense of KRS 189A.010, the person's license shall be 25
suspended as provided in subdivision a. of this subparagraph; 26
ii. Second offense of KRS 189A.010, the person's license shall 27 UNOFFICIAL COPY 23 RS BR 1023
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be suspended as provided in subdivision b. of this 1
subparagraph; 2
iii. Third offense of KRS 189A.010, the person's license shall be 3
suspended as provided in subdivision c. of this subparagraph; 4
and 5
iv. Fourth or subsequent offense of KRS 189A.010, the person's 6
license shall be suspended as provided in subdivision d. of 7
this subparagraph; and 8
f. The license suspension shall be deemed effective on the date of 9
entry of the court's order or judgement for a conviction of KRS 10
189A.010. 11
3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet 12
shall suspend a person's license to operate a motor vehicle or motorcycle 13
as follows: 14
a. For the first offense, one (1) year, ninety (90) days of which shall 15
not be reduced and during which no driving privileges of any 16
kind may be granted. After the mandatory minimum period, a 17
person may be issued an ignition interlock license under Section 18
3 of this Act for the remainder of the period of the 19
suspension[For a person who is issued an ignition interlock 20
license under KRS 189A.340 and who meets the ninety (90) 21
consecutive day requirement within the first four (4) months of the 22
issuance of the ignition interlock license, four (4) months]; 23
b. For the second offense, two (2) years, one (1) year of which shall 24
not be reduced and during which no driving privileges of any 25
kind may be granted. After the mandatory minimum period, a 26
person may be issued an ignition interlock license under Section 27 UNOFFICIAL COPY 23 RS BR 1023
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3 of this Act for the remainder of the period of the 1
suspension[For a person who is issued an ignition interlock 2
license under KRS 189A.340 but does not meet the ninety (90) 3
consecutive day requirement within the first four (4) months of the 4
issuance of the ignition interlock license, until the person meets 5
the ninety (90) consecutive day requirement or six (6) months, 6
whichever is shorter]; or 7
c. For the third or subsequent offense, one (1) year during which 8
no driving privileges of any kind may be granted, or until the 9
person reaches the age of twenty-one (21), whichever will result 10
in the longer period of suspension[For all others, six (6) months]. 11
4. For purposes of this paragraph, "ninety (90) consecutive day 12
requirement" and "one hundred twenty (120) consecutive day 13
requirement" mean the requirements established in KRS 14
189A.340(4)(b)2. 15
(b) For a person under the age of eighteen (18), in addition to the penalties 16
specified in KRS 189A.010, the Transportation Cabinet shall suspend the 17
person's license to operate a motor vehicle or motorcycle upon conviction of 18
KRS 189A.010(1). The person shall have his or her license suspended until he 19
or she reaches the age of eighteen (18) or as provided in paragraph (a) of this 20
subsection, whichever penalty will result in the longer period of suspension. 21
(2) In addition to the period of license suspension set forth in subsection (1) of this 22
section, no person shall be eligible for reinstatement of his or her full privilege to 23
operate a motor vehicle or motorcycle until he or she has completed the alcohol or 24
substance abuse education or treatment program ordered pursuant to KRS 25
189A.040. 26
(3) Upon conviction of KRS 189A.010(1): 27 UNOFFICIAL COPY 23 RS BR 1023
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(a) A person shall surrender his or her license to operate a motor vehicle or 1
motorcycle to the court. Should the person fail to surrender his or her license 2
to the court, the court shall issue an order directing the sheriff or any other 3
peace officer to seize the license forthwith and deliver it to the court. The 4
court shall then forward the license to the Transportation Cabinet. This 5
paragraph shall not apply to a person who has previously surrendered his or 6
her license pursuant to KRS 189A.200; and 7
(b) The court shall immediately transmit the conviction records and other 8
appropriate information to the Transportation Cabinet. A court shall not waive 9
or stay this procedure. 10
(4) In determining the ten (10) year period under this section, the period shall be 11
measured from the dates on which the offenses occurred for which the judgments of 12
conviction were entered. 13
Section 3. KRS 189A.340 is amended to read as follows: 14
(1) (a) If a person's license is suspended pursuant to this chapter and the initial 15
suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole 16
license the person shall be eligible for is an ignition interlock license pursuant 17
to this section. 18
(b) If a person's license is suspended pursuant to this chapter and the initial 19
suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall 20
be eligible for an ignition interlock license pursuant to this section and may be 21
eligible for a hardship license pursuant to KRS 189A.410. 22
(2) (a) A person may apply for an ignition interlock license anytime, including after 23
receiving the notices under KRS 189A.105 or after his or her license has been 24
suspended pursuant to this chapter. 25
(b) If at the time the person applies for an ignition interlock license, the person's 26
license has been suspended pursuant to this chapter, the person shall be 27 UNOFFICIAL COPY 23 RS BR 1023
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authorized to drive to: 1
1. An ignition interlock device provider to have a functioning ignition 2
interlock device installed in his or her motor vehicle or motorcycle; and 3
2. The Transportation Cabinet to obtain an ignition interlock license; 4
This paragraph shall only apply within fourteen (14) days of the date printed 5
on the ignition interlock approval letter issued by the Transportation Cabinet 6
and if the person has the ignition interlock approval letter in the motor vehicle 7
or motorcycle. 8
(3) Before the Transportation Cabinet shall issue an ignition interlock license, the 9
person shall: 10
(a) Submit an application for an ignition interlock license; 11
(b) Provide proof of motor vehicle insurance; 12
(c) Provide an ignition interlock certificate of installation issued by an ignition 13
interlock device provider; and 14
(d) Provide any other information required by administrative regulations 15
promulgated by the Transportation Cabinet under KRS 189A.350. 16
(4) An ignition interlock license shall restrict the person to operating only a motor 17
vehicle or motorcycle equipped with a functioning ignition interlock device, unless 18
the person qualifies for an employer exemption under subsection (6) of this section. 19
This restriction shall remain in place for: 20
(a) If a person's license was suspended pretrial pursuant to KRS 189A.200, the 21
required suspension period under KRS 189A.200(6); 22
(b) Except as provided in paragraph (e) of this subsection, if a person's license 23
was suspended pursuant to KRS 189A.070 or 189A.107: 24
1. The required suspension period under KRS 189A.070(1); and 25
2. a. If the maximum suspension period under KRS 189A.070(1)(a) has 26
not yet been met, until the Transportation Cabinet has received a 27 UNOFFICIAL COPY 23 RS BR 1023
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declaration from the person's ignition interlock device provider, in 1
a form provided or approved by the cabinet, certifying that none of 2
the violations outlined in subdivision b. of this subparagraph has 3
occurred: 4
i. For a first offense within a ten (10) year period of KRS 5
189A.010(1)(a), (b), (c), (d), or (e)[ or for any offense of 6
KRS 189A.010(1)(f)], in the ninety (90) consecutive days; 7
and 8
ii. For all subsequent offenses within a ten (10) year period of 9
KRS 189A.010(1)(a), (b), (c), (d), or (e), one hundred twenty 10
(120) consecutive days; 11
prior to the date of releasing the ignition interlock device 12
restriction. 13
b. If any of the following occur, it shall be a violation of the ninety 14
(90) or one hundred twenty (120) consecutive day requirement: 15
i. Failure to take any random breath alcohol concentration test 16
unless a review of the digital image confirms that the motor 17
vehicle or motorcycle was not occupied by a driver at the 18
time of the missed test; 19
ii. Failure to pass any random retest with a breath alcohol 20
concentration of 0.02 or lower unless a subsequent test 21
performed within ten (10) minutes registers a breath alcohol 22
concentration lower than 0.02, and the digital image 23
confirms the same person provided both samples; 24
iii. Failure of the person, or his or her designee, to appear at the 25
ignition interlock device provider when required for 26
maintenance, repair, calibration, monitoring, inspection, or 27 UNOFFICIAL COPY 23 RS BR 1023
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replacement of the device; 1
iv. Failure of the person to pay fees established pursuant to 2
subsection (7) of this section; 3
v. Tampering with an installed ignition interlock device with 4
the intent of rendering it defective; or 5
vi. Altering, concealing, hiding, or attempting to alter, conceal, 6
or hide, the person's identity from the ignition interlock 7
device's camera while providing a breath sample; 8
(c) If a person's license was suspended pursuant to KRS 189A.090, for the 9
required suspension period under KRS 189A.090(2);[ or] 10
(d) If a person's license suspension was extended pursuant to KRS 189A.345, the 11
required suspension period under KRS 189A.345(1); or 12
(e) If a person's license was suspended pursuant to subsection (1)(a)3. of 13
Section 2 of this Act, for the required suspension period under subsection 14
(1)(a)3. of Section 2 of this Act. 15
(5) (a) The time period a person: 16
1. Holds a valid ignition interlock license pursuant to this section; or 17
2. Receives alcohol or substance abuse treatment in an inpatient residential 18
facility; 19
shall apply on a day-for-day basis toward satisfying the suspension periods 20
detailed in subsection (4) of this section. 21
(b) Except as provided in paragraph (c) of this subsection, the Transportation 22
Cabinet shall give the person a day-for-day credit for any time period the 23
person: 24
1. Held a valid ignition interlock license; or 25
2. Received alcohol or substance abuse treatment in an inpatient residential 26
facility. 27 UNOFFICIAL COPY 23 RS BR 1023
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(c) A person shall not receive day-for-day credit for days the person utilized the 1
employer exemption in accordance with subsection (6) of this section and 2
drove an employer's motor vehicle or motorcycle not equipped with a 3
functioning ignition interlock device. 4
(6) (a) A person with an ignition interlock license may operate a motor vehicle or 5
motorcycle not equipped with a functioning ignition interlock device if: 6
1. The person is required to operate an employer's motor vehicle or 7
motorcycle in the course and scope of employment; and 8
2. The business entity that owns the motor vehicle or motorcycle is not 9
owned or controlled by the person. 10
(b) To qualify for the employer exemption, the person shall provide the 11
Transportation Cabinet with a sworn statement from his or her employer 12
stating that the person and business entity meet the requirements of paragraph 13
(a) of this subsection. 14
(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock 15
device provider may charge the following fees: 16
1. An installation fee for an alternative fuel vehicle or a vehicle with a 17
push button starter not to exceed one hundred thirty dollars ($130), an 18
installation fee for all other vehicles not to exceed one hundred dollars 19
($100); 20
2. A monthly fee not to exceed one hundred dollars ($100); 21
3. A removal fee not to exceed thirty dollars ($30); 22
4. A reset fee not to exceed fifty dollars ($50); or 23
5. A missed appointment fee not to exceed thirty-five dollars ($35). 24
(b) A person who is issued an ignition interlock license shall pay fees as 25
established in his or her lease agreement with the ignition interlock device 26
provider for any ignition interlock device installed in his or her motor vehicle 27 UNOFFICIAL COPY 23 RS BR 1023
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or motorcycle. However, the fees shall never be more than allowed under 1
paragraph (a) of this subsection and are subject to paragraph (c) of this 2
subsection. 3
(c) Any person who has an income: 4
1. At or below two hundred percent (200%) but above one hundred fifty 5
percent (150%) of the federal poverty guidelines, shall pay only 6
seventy-five percent (75%) of fees established pursuant to paragraph (a) 7
of this subsection; 8
2. At or below one hundred fifty percent (150%) but above one hundred 9
percent (100%) of the federal poverty guidelines, shall pay only fifty 10
percent (50%) of fees established pursuant to paragraph (a) of this 11
subsection; or 12
3. At or below one hundred percent (100%) of the federal poverty 13
guidelines, shall pay only twenty-five percent (25%) of fees established 14
pursuant to paragraph (a) of this subsection; 15
As used in this paragraph, "federal poverty guidelines" has the same meaning 16
as in KRS 205.5621. The Transportation Cabinet shall determine the person's 17
income and where that income places the person on the federal poverty 18
guidelines. 19
(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state 20
or local government shall be responsible for payment of any costs associated 21
with an ignition interlock device. 22
(8) For a person issued an ignition interlock license under this section who is residing 23
outside of Kentucky, the Transportation Cabinet may accept an ignition interlock 24
certificate of installation from an ignition interlock device provider authorized to do 25
business in the state where the person resides if the ignition interlock device meets 26
the requirements of that state. 27 UNOFFICIAL COPY 23 RS BR 1023
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Section 4. KRS 189A.040 is amended to read as follows: 1
(1) In addition to any other penalty prescribed by KRS 189A.010(5)(a)[ or (6)], the 2
court shall sentence the person to attend an alcohol or substance abuse education or 3
treatment program subject to the following terms and conditions for a first offender[ 4
or a person convicted under KRS 189A.010(1)(f)]: 5
(a) The treatment or education shall be for a period of ninety (90) days and the 6
program shall provide an assessment of the defendant's alcohol or other 7
substance abuse problems, which shall be performed at the start of the 8
program; 9
(b) Each defendant shall pay the cost of the education or treatment program up to 10
his or her ability to pay but no more than the actual cost of the treatment; 11
(c) Upon written report to the court by the administrator of the program that the 12
defendant has completed the program recommended by the administrator 13
based upon the assessment of the defendant, the defendant shall be released 14
prior to the expiration of the ninety (90) day period; and 15
(d) Failure to complete the education or treatment program or to pay the amount 16
specified by the court for education or treatment shall constitute contempt, 17
and the court shall, in addition to any other remedy for contempt, reinstitute 18
all penalties which were previously imposed but suspended or delayed 19
pending completion of the education or treatment program. 20
(2) In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall 21
sentence the person to an alcohol or substance abuse treatment program subject to 22
the following terms and conditions for a second offender: 23
(a) The sentence shall be for a period of one (1) year and the program shall 24
provide an assessment of the defendant's alcohol or other substance abuse 25
problems, which shall be performed at the start of the program; 26
(b) Each defendant shall pay the cost of the treatment program up to his or her 27 UNOFFICIAL COPY 23 RS BR 1023
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ability to pay but no more than the actual cost of the treatment; 1
(c) Upon written report to the court by the administrator of the program that the 2
defendant has completed the program recommended by the administrator 3
based upon the assessment of the defendant, the defendant may be released 4
prior to the expiration of the one (1) year period; and 5
(d) Failure to complete the treatment program or to pay the amount specified by 6
the court for treatment shall constitute contempt of court and the court shall, 7
in addition to any other remedy for contempt, reinstitute all penalties which 8
were previously imposed but suspended or delayed pending the completion of 9
the treatment program. 10
(3) In addition to any other penalty prescribed by KRS 189A.010(5)(c) or (d), the court 11
shall sentence the person to an alcohol or substance abuse treatment program 12
subject to the following terms and conditions for a third or subsequent offender: 13
(a) The sentence shall be for a period of one (1) year and the program shall 14
provide an assessment of the defendant's alcohol or other substance abuse 15
problems, which shall be performed at the start of the program. The program 16
may be an inpatient or residential-type program; 17
(b) Each defendant shall pay the cost of the treatment program up to his or her 18
ability to pay but no more than the actual cost of the program; 19
(c) A defendant, upon written recommendation to the court by the administrator 20
of the program, may be released from the inpatient or residential program 21
prior to the expiration of one (1) year but shall be retained in the program on 22
an outpatient basis for the remainder of the year period; and 23
(d) Failure to complete the treatment program or to pay the amount specified by 24
the court for treatment shall constitute contempt of court, and the court shall, 25
in addition to any other remedy for contempt, reinstitute all penalties which 26
were previously imposed but suspended or delayed pending completion of the 27 UNOFFICIAL COPY 23 RS BR 1023
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treatment program. 1
(4) Costs of treatment or education programs which are paid from the service fee 2
established by KRS 189A.050, or from state or federal funds, or any combination 3
thereof, shall be deducted from the amount which the defendant must pay. 4
(5) For defendants who are Medicaid-eligible, alcohol or substance abuse treatment 5
under this section shall be authorized by the Department for Medicaid Services and 6
its contractors as Medicaid-eligible services and shall be subject to the same 7
medical necessity criteria and reimbursement methodology as for all other covered 8
behavioral health services. 9
(6) For the purposes of this section, "treatment" means service in an alcohol or 10
substance abuse education or treatment program or facility licensed, regulated, and 11
monitored by the Cabinet for Health and Family Services for services as required 12
under this section. 13
(7) The Cabinet for Health and Family Services shall promulgate administrative 14
regulations for the licensure of education and treatment facilities and programs for 15
offenders receiving education or treatment under this section. The criteria 16
developed by the Cabinet for Health and Family Services shall include: 17
(a) Manner of assessment; 18
(b) Appropriate education and treatment plans; and 19
(c) Referrals to other treatment providers. 20
(8) The participating facilities and programs shall be required to abide by these 21
standards and shall report completion to the Transportation Cabinet. Upon request, 22
the facility or program shall report to the courts regarding the progress of offenders 23
being treated pursuant to this section. 24
(9) Administrative decisions regarding the licensure of education and treatment 25
facilities and programs may be appealed, and upon appeal an administrative hearing 26
shall be conducted in accordance with KRS Chapter 13B. 27