CHAPTER 189A. DRIVING UNDER THE INFLUENCE  


005. Definitions for chapter -- License suspensions.
010. Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol, a controlled substance, or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration test results -- Presumptions -- Penalties -- Aggravating circumstances.
015. Repealed, 2000. [Repealed]
020. Community labor program -- Terms and conditions.
030. Terms of imprisonment for first and second offenders.
040. Alcohol or substance abuse treatment and education programs -- Sentencing offenders to programs -- Regulation of programs -- Appeals of decisions regarding licensure of education and treatment facilities and programs.
045. Enrollment in alcohol or drug education or treatment programs -- Attendance -- Reporting and effect of failure to attend -- Reporting of completion of program.
050. Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of revenue from fees collected.
060. Repealed, 2000. [Repealed]
070. License revocations -- Time periods -- Completion of alcohol or substance treatment or education program required before reinstatement.
080. Surrender and forwarding of suspended or revoked licenses.
085. Surrender and impoundment of motor vehicle license plates -- Hardship exception for affected individuals other than offender.
090. Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without required ignition interlock device prohibited -- Penalties.
100. Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings.
103. Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing.
104. Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 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.
107. License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension.
110. Minimum detention in custody when blood alcohol reading exceeds .15 percent.
120. Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments.
130. Assessment of fines -- Response to nonpayment.
200. Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person for being a repeat offender -- Hearing -- Length of suspension.
210. Duty of court clerk to obtain defendant's driving history record upon arrest for driving while impaired.
220. Judicial review of pretrial license suspension for test refusal.
230. Repealed, 1996. [Repealed]
240. Judicial review of pretrial license suspension for repeat offender.
250. Judicial review of pretrial suspension imposed under KRS 189A.200(1)(c).
300. Provision of alcohol test instruments to counties.
310. Attacking admissibility of prior convictions to enhance penalties-- Procedure -- Standard.
320. Court reporting of convictions and license revocations to Transportation Cabinet.
330. Reporting by clerk of cases pending more than ninety days -- Actions by Attorney General and Chief Justice.
340. Ignition interlock devices.
345. Penalties for violation of KRS 189A.410 and 189A.340 governing ignition interlock devices.
Hardship Licenses
400. District Court jurisdiction over issuance of hardship license -- County attorney's review of application and right to object.
410. Purposes for issuance of hardship license -- Use of ignition interlock device may be required -- Prohibition against issuance when alcohol or substance test was refused.
420. Required information for issuance of hardship license.
430. Permit card and window decal for hardship driving privileges -- Requirement to carry permit -- Penalty for failure to display decal.
440. Prohibition against use of vehicle other than for purpose authorized by hardship license -- Penalty -- Penalty for false application statement.
450. Service fee for hardship driving privileges.
460. Transportation Cabinet's responsibility as to administrative regulations and forms relating to hardship licenses.