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AN ACT relating to driving under the influence of marijuana. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189A.005 is amended to read as follows: 3
As used in this chapter, unless the context requires otherwise: 4
(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood 5
or grams of alcohol per 210 liters of breath; 6
(2) "Cabinet" means the Transportation Cabinet; 7
(3) "Ignition interlock device" or "device" means a device, certified by the 8
Transportation Cabinet for use in this Commonwealth under KRS 189A.350, that: 9
(a) Connects a motor vehicle ignition system or motorcycle ignition system to a 10
breath alcohol analyzer and prevents a motor vehicle ignition or motorcycle 11
ignition from starting, and from continuing to operate, if a driver's breath 12
alcohol concentration exceeds 0.02, as measured by the device; and 13
(b) Has a fully functional camera that is equipped to record the date, time, and 14
photo of all persons providing breath samples to the device; 15
(4) "Ignition interlock certificate of installation" means a certificate providing that the 16
installed ignition interlock device has been installed and is certified for use in the 17
Commonwealth under KRS 189A.350; 18
(5) "Ignition interlock device provider" or "provider" means any person or company 19
certified by the Transportation Cabinet to engage in the business of manufacturing, 20
selling, leasing, servicing, or monitoring ignition interlock devices within the 21
Commonwealth; 22
(6) "Ignition interlock license" means a motor vehicle or motorcycle operator's license 23
issued or granted by the laws of the Commonwealth of Kentucky that, except for 24
those with an employer exemption under KRS 189A.340, permits a person to drive 25
only motor vehicles or motorcycles equipped with a functioning ignition interlock 26
device; 27 UNOFFICIAL COPY 25 RS BR 1897
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(7) "License" means any driver's or operator's license or any other license or permit to 1
operate a motor vehicle issued under or granted by the laws of this state including: 2
(a) Any temporary license or instruction permit; 3
(b) The privilege of any person to obtain a valid license or instruction permit, or 4
to drive a motor vehicle whether or not the person holds a valid license; and 5
(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189; 6
(8) "Limited access highway" has the same meaning as "limited access facility" does in 7
KRS 177.220; 8
(9) "Marijuana concentration" means nanograms of tetrahydrocannabinol per 9
milliliter of blood; 10
(10) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103. 11
Declining may be either by word or by the act of refusal. If the breath testing 12
instrument for any reason shows an insufficient breath sample and the alcohol 13
concentration cannot be measured by the breath testing instrument, the law 14
enforcement officer shall then request the defendant to take a blood or urine test in 15
lieu of the breath test. If the defendant then declines either by word or by the act of 16
refusal, he or she shall then be deemed to have refused if the refusal occurs at the 17
site at which any alcohol concentration or substance test is to be administered; and 18
(11)[(10)] When age is a factor, it shall mean age at the time of the commission of the 19
offense. 20
Section 2. KRS 189A.010 is amended to read as follows: 21
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in 22
this state: 23
(a) Having an alcohol concentration of 0.08 or more as measured by a 24
scientifically reliable test or tests of a sample of the person's breath or blood 25
taken within two (2) hours of cessation of operation or physical control of a 26
motor vehicle; 27 UNOFFICIAL COPY 25 RS BR 1897
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(b) While under the influence of alcohol; 1
(c) While under the influence of any other substance or combination of 2
substances which impairs one's driving ability; 3
(d) While the presence of a controlled substance listed in subsection (12) of this 4
section is detected in the blood, as measured by a scientifically reliable test, or 5
tests, taken within two (2) hours of cessation of operation or physical control 6
of a motor vehicle; 7
(e) While under the combined influence of alcohol and any other substance which 8
impairs one's driving ability; [or] 9
(f) Having an alcohol concentration of 0.02 or more as measured by a 10
scientifically reliable test or tests of a sample of the person's breath or blood 11
taken within two (2) hours of cessation of operation or physical control of a 12
motor vehicle, if the person is under the age of twenty-one (21); or 13
(g) Having a marijuana concentration of 6 or more as measured by a 14
scientifically reliable test or tests of a sample of the person's blood taken 15
within two (2) hours of cessation of operation or physical control of a motor 16
vehicle. 17
(2) With the exception of the results of the tests administered pursuant to KRS 18
189A.103(7): 19
(a) If the sample of the person's blood or breath that is used to determine the 20
alcohol concentration thereof was obtained more than two (2) hours after 21
cessation of operation or physical control of a motor vehicle, the results of the 22
test or tests shall be inadmissible as evidence in a prosecution under 23
subsection (1)(a) or (f) of this section. The results of the test or tests, however, 24
may be admissible in a prosecution under subsection (1)(b) or (e) of this 25
section; or 26
(b) If the sample of the person's blood that is used to determine the presence of a 27 UNOFFICIAL COPY 25 RS BR 1897
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controlled substance was obtained more than two (2) hours after cessation of 1
operation or physical control of a motor vehicle, the results of the test or tests 2
shall be inadmissible as evidence in a prosecution under subsection (1)(d) of 3
this section. The results of the test or tests, however, may be admissible in a 4
prosecution under subsection (1)(c) or (e) of this section. 5
(3) (a) In any prosecution for a violation of subsection (1)(b) or (e) of this section in 6
which the defendant is charged with having operated or been in physical 7
control of a motor vehicle while under the influence of alcohol, the alcohol 8
concentration in the defendant's blood as determined at the time of making 9
analysis of his or her blood or breath shall give rise to the following 10
presumptions: 11
1.[(a)] If there was an alcohol concentration of less than 0.04[ based upon 12
the definition of alcohol concentration in KRS 189A.005], it shall be 13
presumed that the defendant was not under the influence of alcohol; and 14
2.[(b)] If there was an alcohol concentration of 0.04 or greater but less 15
than 0.08[ based upon the definition of alcohol concentration in KRS 16
189A.005], that fact shall not constitute a presumption that the 17
defendant either was or was not under the influence of alcohol, but that 18
fact may be considered, together with other competent evidence, in 19
determining the guilt or innocence of the defendant. 20
(b) In any prosecution for a violation of subsection (1)(c) or (e) of this section 21
in which the defendant is charged with having operated or been in physical 22
control of a motor vehicle while under the influence of marijuana, the 23
marijuana concentration in the defendant's blood as determined at the time 24
of making analysis of his or her blood shall give rise to the following 25
presumptions: 26
1. If there was a marijuana concentration of less than 4, it shall be 27 UNOFFICIAL COPY 25 RS BR 1897
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presumed that the defendant was not under the influence of 1
marijuana; and 2
2. If there was a marijuana concentration of 4 or greater but less than 6, 3
that fact shall not constitute a presumption that the defendant either 4
was or was not under the influence of marijuana, but that fact may be 5
considered, together with other competent evidence, in determining 6
the guilt or innocence of the defendant. 7
The provisions of this subsection shall not be construed as limiting the introduction 8
of any other competent evidence bearing upon the questions of whether the 9
defendant was under the influence of alcohol, marijuana, or other substances, in 10
any prosecution for a violation of subsection (1)(b),[ or] (e), or (g) of this section. 11
(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person 12
charged with violation of subsection (1) of this section is legally entitled to 13
use any substance, including alcohol, shall not constitute a defense against 14
any charge of violation of subsection (1) of this section. 15
(b) A laboratory test or tests for a controlled substance shall be inadmissible as 16
evidence in a prosecution under subsection (1)(d) of this section upon a 17
finding by the court that the defendant consumed the substance under a valid 18
prescription from a practitioner, as defined in KRS 218A.010, acting in the 19
course of his or her professional practice. However, a laboratory test for a 20
controlled substance may be admissible as evidence in a prosecution under 21
subsection (1)(c) or (e) of this section. 22
(5) Any person who violates the provisions of paragraph (a), (b), (c), (d),[ or] (e), or (g) 23
of subsection (1) of this section shall: 24
(a) For the first offense within a ten (10) year period, be fined not less than two 25
hundred dollars ($200) nor more than five hundred dollars ($500), or be 26
imprisoned in the county jail for not less than forty-eight (48) hours nor more 27 UNOFFICIAL COPY 25 RS BR 1897
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than thirty (30) days, or both. Following sentencing, the defendant may apply 1
to the judge for permission to enter a community labor program for not less 2
than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or 3
imprisonment, or both. If any of the aggravating circumstances listed in 4
subsection (11) of this section are present while the person was operating or in 5
physical control of a motor vehicle, the mandatory minimum term of 6
imprisonment shall be four (4) days, which term shall not be suspended, 7
probated, conditionally discharged, or subject to any other form of early 8
release; 9
(b) For the second offense within a ten (10) year period, be fined not less than 10
three hundred fifty dollars ($350) nor more than five hundred dollars ($500) 11
and shall be imprisoned in the county jail for not less than seven (7) days nor 12
more than six (6) months and, in addition to fine and imprisonment, may be 13
sentenced to community labor for not less than ten (10) days nor more than 14
six (6) months. If any of the aggravating circumstances listed in subsection 15
(11) of this section are present, the mandatory minimum term of 16
imprisonment shall be fourteen (14) days, which term shall not be suspended, 17
probated, conditionally discharged, or subject to any other form of early 18
release; 19
(c) For a third offense within a ten (10) year period, be fined not less than five 20
hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall 21
be imprisoned in the county jail for not less than thirty (30) days nor more 22
than twelve (12) months and may, in addition to fine and imprisonment, be 23
sentenced to community labor for not less than thirty (30) days nor more than 24
twelve (12) months. If any of the aggravating circumstances listed in 25
subsection (11) of this section are present, the mandatory minimum term of 26
imprisonment shall be sixty (60) days, which term shall not be suspended, 27 UNOFFICIAL COPY 25 RS BR 1897
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probated, conditionally discharged, or subject to any other form of early 1
release; 2
(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a 3
Class D felony. If any of the aggravating circumstances listed in subsection 4
(11) of this section are present, the mandatory minimum term of 5
imprisonment shall be two hundred forty (240) days, which term shall not be 6
suspended, probated, conditionally discharged, or subject to any other form of 7
release; and 8
(e) For purposes of this subsection, prior offenses shall include all convictions in 9
this state, and any other state or jurisdiction, for operating or being in control 10
of a motor vehicle while under the influence of alcohol or other substances 11
that impair one's driving ability, or any combination of alcohol and such 12
substances, or while having an unlawful alcohol concentration, or driving 13
while intoxicated, but shall not include convictions for violating subsection 14
(1)(f) of this section. A court shall receive as proof of a prior conviction a 15
copy of that conviction, certified by the court ordering the conviction. 16
(6) Any person who violates the provisions of subsection (1)(f) of this section shall be 17
fined no less than one hundred dollars ($100) and no more than five hundred dollars 18
($500), or sentenced to twenty (20) hours of community service in lieu of a fine. A 19
person subject to the penalties of this subsection shall not be subject to the penalties 20
established in subsection (5) of this section or any other penalty established 21
pursuant to KRS Chapter 189A, except those established in KRS 189A.040(1) and 22
KRS 189A.070. 23
(7) If the person is under the age of twenty-one (21) and there was an alcohol 24
concentration of 0.08 or greater[ based on the definition of alcohol concentration in 25
KRS 189A.005], the person shall be subject to the penalties established pursuant to 26
subsection (5) of this section. 27 UNOFFICIAL COPY 25 RS BR 1897
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(8) For a second or third offense within a ten (10) year period, the minimum sentence 1
of imprisonment or community labor shall not be suspended, probated, or subject to 2
conditional discharge or other form of early release. For a fourth or subsequent 3
offense under this section, the minimum term of imprisonment shall be one hundred 4
twenty (120) days, and this term shall not be suspended, probated, or subject to 5
conditional discharge or other form of early release. For a second or subsequent 6
offense, at least forty-eight (48) hours of the mandatory sentence shall be served 7
consecutively. 8
(9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of 9
the penalties shall be assessed and that penalty shall not be suspended, probated, or 10
subject to conditional discharge or other form of early release. 11
(10) In determining the ten (10) year period under this section, the period shall be 12
measured from the dates on which the offenses occurred for which the judgments of 13
conviction were entered. 14
(11) For purposes of this section, aggravating circumstances are any one (1) or more of 15
the following: 16
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the 17
speed limit; 18
(b) Operating a motor vehicle in the wrong direction on a limited access highway; 19
(c) Operating a motor vehicle that causes an accident resulting in death or serious 20
physical injury as defined in KRS 500.080; 21
(d) Operating a motor vehicle while the alcohol concentration in the operator's 22
blood or breath is 0.15 or more as measured by a test or tests of a sample of 23
the operator's blood or breath taken within two (2) hours of cessation of 24
operation of the motor vehicle; 25
(e) Refusing to submit to any test or tests of one's blood, breath, or urine 26
requested by an officer having reasonable grounds to believe the person was 27 UNOFFICIAL COPY 25 RS BR 1897
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operating or in physical control of a motor vehicle in violation of subsection 1
(1) of this section, except it shall not be considered an aggravating 2
circumstance for a first offense under subsection (5)(a) of this section; and 3
(f) Operating a motor vehicle that is transporting a passenger under the age of 4
twelve (12) years old. 5
(12) The substances applicable to a prosecution under subsection (1)(d) of this section 6
are: 7
(a) Any Schedule I controlled substance except marijuana; 8
(b) Alprazolam; 9
(c) Amphetamine; 10
(d) Buprenorphine; 11
(e) Butalbital; 12
(f) Carisoprodol; 13
(g) Cocaine; 14
(h) Diazepam; 15
(i) Hydrocodone; 16
(j) Meprobamate; 17
(k) Methadone; 18
(l) Methamphetamine; 19
(m) Oxycodone; 20
(n) Promethazine; 21
(o) Propoxyphene; and 22
(p) Zolpidem. 23
Section 3. KRS 189A.050 is amended to read as follows: 24
(1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or 25
(g) shall be sentenced to pay a service fee of four hundred twenty-five dollars 26
($425), which shall be in addition to all other penalties authorized by law. 27 UNOFFICIAL COPY 25 RS BR 1897
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(2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 1
534.020 and KRS 534.060. 2
(3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid 3
into the general fund, the second fifty dollars ($50) of each service fee imposed by 4
this section shall be paid to the ignition interlock administration fund established in 5
KRS 189A.380, and the remainder of the revenue collected from the service fee 6
imposed by this section shall be utilized as follows: 7
(a) Twelve percent (12%) shall be transferred to the Department of Kentucky 8
State Police forensic laboratory for the acquisition, maintenance, testing, and 9
calibration of alcohol concentration testing instruments and the training of 10
laboratory personnel to perform these tasks; 11
(b) Twenty percent (20%) shall be allocated to the Department of Public 12
Advocacy; 13
(c) One percent (1%) shall be transferred to the Prosecutors Advisory Council for 14
training of prosecutors for the prosecution of persons charged with violations 15
of this chapter and for obtaining expert witnesses in cases involving the 16
prosecution of persons charged with violations of this chapter or any other 17
offense in which driving under the influence is a factor in the commission of 18
the offense charged; 19
(d) Sixteen percent (16%) shall be transferred as follows: 20
1. Fifty percent (50%) shall be credited to the traumatic brain injury trust 21
fund established under KRS 211.476; and 22
2. Fifty percent (50%) shall be credited to the Cabinet for Health and 23
Family Services, Department for Behavioral Health, Developmental and 24
Intellectual Disabilities, for the purposes of providing direct services to 25
individuals with brain injuries that may include long-term supportive 26
services and training and consultation to professionals working with 27 UNOFFICIAL COPY 25 RS BR 1897
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individuals with brain injuries. As funding becomes available under this 1
subparagraph, the cabinet may promulgate administrative regulations 2
pursuant to KRS Chapter 13A to implement the services permitted by 3
this subparagraph; 4
(e) Any amount specified by a specific statute shall be transferred as provided in 5
that statute; 6
(f) Forty-six percent (46%) shall be transferred to be utilized to fund enforcement 7
of this chapter and for the support of jails, recordkeeping, treatment, and 8
educational programs authorized by this chapter and by the Department of 9
Public Advocacy; and 10
(g) The remainder shall be transferred to the general fund. 11
(4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be 12
placed in trust and agency accounts that shall not lapse. 13
Section 4. 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), or (g), 19
the 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 25 RS BR 1897
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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 25 RS BR 1897
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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 25 RS BR 1897
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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 a person who is issued an ignition interlock license under KRS 15
189A.340 and who meets the ninety (90) consecutive day 16
requirement within the first four (4) months of the issuance of the 17
ignition interlock license, four (4) months; 18
b. For a person who is issued an ignition interlock license under KRS 19
189A.340 but does not meet the ninety (90) consecutive day 20
requirement within the first four (4) months of the issuance of the 21
ignition interlock license, until the person meets the ninety (90) 22
consecutive day requirement or six (6) months, whichever is 23
shorter; or 24
c. For all others, six (6) months. 25
4. For purposes of this paragraph, "ninety (90) consecutive day 26
requirement" and "one hundred twenty (120) consecutive day 27 UNOFFICIAL COPY 25 RS BR 1897
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requirement" mean the requirements established in KRS 1
189A.340(4)(b)2. 2
(b) For a person under the age of eighteen (18), in addition to the penalties 3
specified in KRS 189A.010, the Transportation Cabinet shall suspend the 4
person's license to operate a motor vehicle or motorcycle upon conviction of 5
KRS 189A.010(1). The person shall have his or her license suspended until he 6
or she reaches the age of eighteen (18) or as provided in paragraph (a) of this 7
subsection, whichever penalty will result in the longer period of suspension. 8
(2) In addition to the period of license suspension set forth in subsection (1) of this 9
section, no person shall be eligible for reinstatement of his or her full privilege to 10
operate a motor vehicle or motorcycle until he or she has completed the alcohol or 11
substance abuse education or treatment program ordered pursuant to KRS 12
189A.040. 13
(3) Upon conviction of KRS 189A.010(1): 14
(a) A person shall surrender his or her license to operate a motor vehicle or 15
motorcycle to the court. Should the person fail to surrender his or her license 16
to the court, the court shall issue an order directing the sheriff or any other 17
peace officer to seize the license forthwith and deliver it to the court. The 18
court shall then forward the license to the Transportation Cabinet. This 19
paragraph shall not apply to a person who has previously surrendered his or 20
her license pursuant to KRS 189A.200; and 21
(b) The court shall immediately transmit the conviction records and other 22
appropriate information to the Transportation Cabinet. A court shall not waive 23
or stay this procedure. 24
(4) In determining the ten (10) year period under this section, the period shall be 25
measured from the dates on which the offenses occurred for which the judgments of 26
conviction were entered. 27 UNOFFICIAL COPY 25 RS BR 1897
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Section 5. KRS 189A.090 is amended to read as follows: 1
(1) No person shall operate or be in physical control of a motor vehicle or motorcycle 2
while his or her license is suspended under this chapter, unless the person has a 3
valid: 4
(a) Ignition interlock license in the person's possession and: 5
1. The motor vehicle or motorcycle is equipped with a functioning ignition 6
interlock device; or 7
2. The person is operating or in physical control of an employer's motor 8
vehicle or motorcycle in accordance with KRS 189A.340(6); or 9
(b) Hardship license in the person's possession. 10
(2) In addition to the period of license suspension imposed by KRS 189A.070, any 11
person who violates subsection (1) of this section shall: 12
(a) For a first offense within a ten (10) year period, be guilty of a Class B 13
misdemeanor and have his or her license suspended by the Transportation 14
Cabinet for six (6) months, unless at the time of the offense the person was 15
also operating or in physical control of a motor vehicle in violation of KRS 16
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 17
be guilty of a Class A misdemeanor and have his or her license suspended by 18
the Transportation Cabinet for a period of one (1) year; 19
(b) For a second offense within a ten (10) year period, be guilty of a Class A 20
misdemeanor and have his or her license suspended by the Transportation 21
Cabinet for one (1) year, unless at the time of the offense the person was also 22
operating or in physical control of a motor vehicle in violation of KRS 23
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 24
be guilty of a Class D felony and have his or her license suspended by the 25
Transportation Cabinet for a period of two (2) years; and 26
(c) For a third or subsequent offense within a ten (10) year period, be guilty of a 27 UNOFFICIAL COPY 25 RS BR 1897
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Class D felony and have his or her license suspended by the Transportation 1
Cabinet for two (2) years, unless at the time of the offense the person was also 2
operating or in physical control of a motor vehicle in violation of KRS 3
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), in which event the person shall 4
be guilty of a Class D felony and have his or her license suspended by the 5
Transportation Cabinet for a period of five (5) years. 6
(3) Any person who violates subsection (1) of this section may apply for an ignition 7
interlock license for the remainder of the original period of suspension under KRS 8
189A.070 and for the entire period of the new suspension if the person is and 9
remains otherwise eligible for such license pursuant to KRS 189A.340. 10
(4) The ten (10) year period under this section shall be measured in the same manner as 11
in KRS 189A.070. 12
Section 6. KRS 189A.240 is amended to read as follows: 13
In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the 14
court determines by a preponderance of the evidence that: 15
(1) The person was charged and arrested by a peace officer with a violation of KRS 16
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g); 17
(2) The peace officer had reasonable grounds to believe that the person was operating a 18
motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or (g); 19
(3) There is probable cause to believe that the person committed the violation of KRS 20
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g) as charged; and 21
(4) The person has been convicted of one (1) or more prior offenses as described in 22
KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license 23
suspended on one (1) or more occasions for refusing to take an alcohol 24
concentration or substance test, in the ten (10) year period immediately preceding 25
his or her arrest; 26
then the court shall continue to suspend the person's operator's license or privilege to 27 UNOFFICIAL COPY 25 RS BR 1897
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operate a motor vehicle, but in no event for a period longer than the license suspension 1
period applicable to the person under KRS 189A.070 and 189A.107. The provisions of 2
this section shall not be construed as limiting the person's ability to challenge any prior 3
convictions or license suspensions or refusals. 4
Section 7. KRS 189A.410 is amended to read as follows: 5
(1) At any time during the suspension periods enumerated in: 6
(a) KRS 189A.070 for violation of KRS 189A.010(1)(c),[ or] (d), or (g); or 7
(b) KRS 189A.090 relating to a violation of KRS 189A.010(1) (c),[ or] (d), or 8
(g); 9
the court may grant the person hardship driving privileges for the balance of the 10
suspension period imposed by the Transportation Cabinet, if the court finds 11
reasonable cause to believe that revocation would hinder the person's ability to 12
continue his or her employment; continue attending school or an educational 13
institution; obtain necessary medical care; attend driver improvement, alcohol, or 14
substance abuse education programs; or attend court-ordered counseling or other 15
programs. 16
(2) Before granting hardship driving privileges, the court shall order the person to: 17
(a) Provide the court with proof of motor vehicle insurance; 18
(b) If necessary, provide the court with a written, sworn statement from his or her 19
employer, on a form provided by the cabinet, detailing his or her job, hours of 20
employment, and the necessity for the person to use the employer's motor 21
vehicle either in his or her work at the direction of the employer during 22
working hours, or in travel to and from work if the license is sought for 23
employment purposes; and 24
(c) If the person is self-employed, to provide the information required in 25
paragraph (b) of this subsection together with a sworn statement as to its truth; 26
(d) Provide the court with a written, sworn statement from the school or 27 UNOFFICIAL COPY 25 RS BR 1897
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educational institution which he or she attends, of his or her class schedule, 1
courses being undertaken, and the necessity for the person to use a motor 2
vehicle in his or her travel to and from school or other educational institution 3
if the license is sought for educational purposes. Licenses for educational 4
purposes shall not include participation in sports, social, extracurricular, 5
fraternal, or other noneducational activities; 6
(e) Provide the court with a written, sworn statement from a physician, or other 7
medical professional licensed but not certified under the laws of Kentucky, 8
attesting to the person's normal hours of treatment, and the necessity to use a 9
motor vehicle to travel to and from the treatment if the license is sought for 10
medical purposes; 11
(f) Provide the court with a written, sworn statement from the director of any 12
alcohol or substance abuse education or treatment program as to the hours in 13
which the person is expected to participate in the program, the nature of the 14
program, and the necessity for the person to use a motor vehicle to travel to 15
and from the program if the license is sought for alcohol or substance abuse 16
education or treatment purposes; 17
(g) Provide the court with a copy of any court order relating to treatment, 18
participation in driver improvement programs, or other terms and conditions 19
ordered by the court relating to the person which require him or her to use a 20
motor vehicle in traveling to and from the court-ordered program. The judge 21
shall include in the order the necessity for the use of the motor vehicle; and 22
(h) Provide to the court any information as may be required by administrative 23
regulation of the Transportation Cabinet. 24
(3) The court shall not issue a hardship license to a person who has refused to take an 25
alcohol concentration or substance test or tests offered by a law enforcement 26
officer. 27 UNOFFICIAL COPY 25 RS BR 1897
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Section 8. KRS 189A.340 is amended to read as follows: 1
(1) (a) If a person's license is suspended pursuant to this chapter and the initial 2
suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole 3
license the person shall be eligible for is an ignition interlock license pursuant 4
to this section. 5
(b) If a person's license is suspended pursuant to this chapter and the initial 6
suspension was for a violation of KRS 189A.010(1)(c),[ or] (d), or (g), the 7
person shall be eligible for an ignition interlock license pursuant to this 8
section and may be eligible for a hardship license pursuant to KRS 189A.410. 9
(2) (a) A person may apply for an ignition interlock license anytime, including after 10
receiving the notices under KRS 189A.105 or after his or her license has been 11
suspended pursuant to this chapter. 12
(b) If at the time the person applies for an ignition interlock license, the person's 13
license has been suspended pursuant to this chapter, the person shall be 14
authorized to drive to: 15
1. An ignition interlock device provider to have a functioning ignition 16
interlock device installed in his or her motor vehicle or motorcycle; and 17
2. The Transportation Cabinet to obtain an ignition interlock license; 18
This paragraph shall only apply within fourteen (14) days of the date printed 19
on the ignition interlock approval letter issued by the Transportation Cabinet 20
and if the person has the ignition interlock approval letter in the motor vehicle 21
or motorcycle. 22
(3) Before the Transportation Cabinet shall issue an ignition interlock license, the 23
person shall: 24
(a) Submit an application for an ignition interlock license; 25
(b) Provide proof of motor vehicle insurance; 26
(c) Provide an ignition interlock certificate of installation issued by an ignition 27 UNOFFICIAL COPY 25 RS BR 1897
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interlock device provider; and 1
(d) Provide any other information required by administrative regulations 2
promulgated by the Transportation Cabinet under KRS 189A.350. 3
(4) An ignition interlock license shall restrict the person to operating only a motor 4
vehicle or motorcycle equipped with a functioning ignition interlock device, unless 5
the person qualifies for an employer exemption under subsection (6) of this section. 6
This restriction shall remain in place for: 7
(a) If a person's license was suspended pretrial pursuant to KRS 189A.200, the 8
required suspension period under KRS 189A.200(6); 9
(b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107: 10
1. The required suspension period under KRS 189A.070(1); and 11
2. a. If the maximum suspension period under KRS 189A.070(1)(a) has 12
not yet been met, until the Transportation Cabinet has received a 13
declaration from the person's ignition interlock device provider, in 14
a form provided or approved by the cabinet, certifying that none of 15
the violations outlined in subdivision b. of this subparagraph has 16
occurred: 17
i. For a first offense within a ten (10) year period of KRS 18
189A.010(1)(a), (b), (c), (d),[ or] (e), or (g) or for any 19
offense of KRS 189A.010(1)(f), in the ninety (90) 20
consecutive days; and 21
ii. For all subsequent offenses within a ten (10) year period of 22
KRS 189A.010(1)(a), (b), (c), (d),[ or] (e), or (g), one 23
hundred twenty (120) consecutive days; 24
prior to the date of releasing the ignition interlock device 25
restriction. 26
b. If any of the following occur, it shall be a violation of the ninety 27 UNOFFICIAL COPY 25 RS BR 1897
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(90) or one hundred twenty (120) consecutive day requirement: 1
i. Failure to take any random breath alcohol concentration test 2
unless a review of the digital image confirms that the motor 3
vehicle or motorcycle was not occupied by a driver at the 4
time of the missed test; 5
ii. Failure to pass any random retest with a breath alcohol 6
concentration of 0.02 or lower unless a subsequent test 7
performed within ten (10) minutes registers a breath alcohol 8
concentration lower than 0.02, and the digital image 9
confirms the same person provided both samples; 10
iii. Failure of the person, or his or her designee, to appear at the 11
ignition interlock device provider when required for 12
maintenance, repair, calibration, monitoring, inspection, or 13
replacement of the device; 14
iv. Failure of the person to pay fees established pursuant to 15
subsection (7) of this section; 16
v. Tampering with an installed ignition interlock device with 17
the intent of rendering it defective; or 18
vi. Altering, concealing, hiding, or attempting to alter, conceal, 19
or hide, the person's identity from the ignition interlock 20
device's camera while providing a breath sample; 21
(c) If a person's license was suspended pursuant to KRS 189A.090, for the 22
required suspension period under KRS 189A.090(2); or 23
(d) If a person's license suspension was extended pursuant to KRS 189A.345, the 24
required suspension period under KRS 189A.345(1). 25
(5) (a) The time period a person: 26
1. Holds a valid ignition interlock license pursuant to this section; or 27 UNOFFICIAL COPY 25 RS BR 1897
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2. Receives alcohol or substance abuse treatment in an inpatient residential 1
facility; 2
shall apply on a day-for-day basis toward satisfying the suspension periods 3
detailed in subsection (4) of this section. 4
(b) Except as provided in paragraph (c) of this subsection, the Transportation 5
Cabinet shall give the person a day-for-day credit for any time period the 6
person: 7
1. Held a valid ignition interlock license; or 8
2. Received alcohol or substance abuse treatment in an inpatient residential 9
facility. 10
(c) A person shall not receive day-for-day credit for days the person utilized the 11
employer exemption in accordance with subsection (6) of this section and 12
drove an employer's motor vehicle or motorcycle not equipped with a 13
functioning ignition interlock device. 14
(6) (a) A person with an ignition interlock license may operate a motor vehicle or 15
motorcycle not equipped with a functioning ignition interlock device if: 16
1. The person is required to operate an employer's motor vehicle or 17
motorcycle in the course and scope of employment; and 18
2. The business entity that owns the motor vehicle or motorcycle is not 19
owned or controlled by the person. 20
(b) To qualify for the employer exemption, the person shall provide the 21
Transportation Cabinet with a sworn statement from his or her employer 22
stating that the person and business entity meet the requirements of paragraph 23
(a) of this subsection. 24
(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock 25
device provider may charge the following fees: 26
1. An installation fee for an alternative fuel vehicle or a vehicle with a 27 UNOFFICIAL COPY 25 RS BR 1897
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push button starter not to exceed one hundred thirty dollars ($130), an 1
installation fee for all other vehicles not to exceed one hundred dollars 2
($100); 3
2. A monthly fee not to exceed one hundred dollars ($100); 4
3. A removal fee not to exceed thirty dollars ($30); 5
4. A reset fee not to exceed fifty dollars ($50); or 6
5. A missed appointment fee not to exceed thirty-five dollars ($35). 7
(b) A person who is issued an ignition interlock license shall pay fees as 8
established in his or her lease agreement with the ignition interlock device 9
provider for any ignition interlock device installed in his or her motor vehicle 10
or motorcycle. However, the fees shall never be more than allowed under 11
paragraph (a) of this subsection and are subject to paragraph (c) of this 12
subsection. 13
(c) Any person who has an income: 14
1. At or below two hundred percent (200%) but above one hundred fifty 15
percent (150%) of the federal poverty guidelines, shall pay only 16
seventy-five percent (75%) of fees established pursuant to paragraph (a) 17
of this subsection; 18
2. At or below one hundred fifty percent (150%) but above one hundred 19
percent (100%) of the federal poverty guidelines, shall pay only fifty 20
percent (50%) of fees established pursuant to paragraph (a) of this 21
subsection; or 22
3. At or below one hundred percent (100%) of the federal poverty 23
guidelines, shall pay only twenty-five percent (25%) of fees established 24
pursuant to paragraph (a) of this subsection; 25
As used in this paragraph, "federal poverty guidelines" has the same meaning 26
as in KRS 205.5621. The Transportation Cabinet shall determine the person's 27 UNOFFICIAL COPY 25 RS BR 1897
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income and where that income places the person on the federal poverty 1
guidelines. 2
(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state 3
or local government shall be responsible for payment of any costs associated 4
with an ignition interlock device. 5
(8) For a person issued an ignition interlock license under this section who is residing 6
outside of Kentucky, the Transportation Cabinet may accept an ignition interlock 7
certificate of installation from an ignition interlock device provider authorized to do 8
business in the state where the person resides if the ignition interlock device meets 9
the requirements of that state. 10