Kentucky Drugged Driving Laws

Kentucky Revised Statutes Section 189A.010

Type of DUID Law: Under the influence: Impairment

Section 189A.010

(1)        A person shall not operate or be in physical control of a motor vehicle anywhere in this state: …

(c)       While under the influence of any other substance [than alcohol] or combination of substances which impair one’s driving ability;

(d)       While under the combined influence of alcohol and any other substance which impairs one’s driving ability;

Type of Drugs Prohibited: Any substance that impairs driving ability

The substances applicable to a prosecution under subsection (1)(d) of this section are: (a) Any Schedule I controlled substance except marijuana; (b) Alprazolam; (c) Amphetamine;(d) Buprenorphine;(e) Butalbital; (f) Carisoprodol; (g) Cocaine; (h) Diazepam; (i) Hydrocodone; (j) Meprobamate; (k) Methadone; (l) Methamphetamine; (m) Oxycodone; (n) Promethazine; (o) Propoxyphene; and (p) Zolpidem

Marijuana use in vehicle

• Kentucky does not allow the recreational or medicinal use of marijuana.

Required Proof:

1. Defendant was operating or was in physical control of a motor vehicle in Kentucky
2. While operating the vehicle, Defendant was under the influence of a substance which impaired the defendant’s driving ability

Possible Defenses Allowed by Statute:           

Legal entitlement to use any substance shall not constitute a defense. Section 189A.010(4)

Implied Consent for Drugs: Yes

Arrest Required Prior to Test: Yes

Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws

DUI Arrest Statistics and Kentucky Drunk Driving

* Sources: State Justice Department, Federal Highway Administration