In the state of Kentucky, driving under the influence (DUI), is an offense that is punishable by law. Kentucky DUI law has an “illegal Per Se” provision, which means that it is illegal to operate a motor vehicle who has a Blood Alcohol Concentration (BAC) of 0.08% or higher is considered in violation of DUI offense.
An abbreviation of driving while under the influence of intoxicants (alcohol) or any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint, etc., and other over the counter medications.
Kentucky DUI – statute(s)
- KRS § 189A.010.
Kentucky DUI – standard
- “A person shall not operate or be in physical control of a motor vehicle anywhere in this state . . . while under the influence of any other substance or combination of substances which impairs one’s driving ability.” KRS § 189A.010(1)(c).
Kentucky DUI – applicable substances
- Any substance (besides alcohol). DUI – affirmative defense None. “The fact that any person charged with violation of subsection (1) of this section is legally entitled to use any substance, including alcohol, shall not constitute a defense against any charge of violation of subsection (1) of this section.” KRS § 189A.010(4)(a).
Kentucky Per se – statute(s)
- KRS § 189A.010.
Kentucky Per se – standard
- “A person shall not operate or be in physical control of a motor vehicle anywhere in this state . . . while the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle.” KRS § 189A.010(1)(d).
Kentucky Per se – applicable substances
- Any Schedule I controlled substance except marijuana, Alprazolam, Amphetamine, Buprenorphine, Butalbital, Carisoprodol, Cocaine, Diazepam, Hydrocodone, Meprobamate, Methadone, Methamphetamine, Oxycodone, Promethazine, Propoxyphene and Zolpidem. KRS § 189A.010(12).
Kentucky Per se – affirmative defense(s)
- A laboratory test for a controlled substance is “inadmissible as evidence in a prosecution under subsection (1)(d)” if the court finds that the person “consumed the substance under a valid prescription from a practitioner . . . acting in the course of his or her professional practice.” KRS § 189A.010(4)(b).
Kentucky Implied consent – applicable drivers
- Any person who operates a motor vehicle in Kentucky. KRS § 189A.103.
Kentucky Implied consent – tests authorized
- One or more tests blood, breath, and urine, or combination thereof. KRS § 189A.103(1).
Kentucky Implied consent – basis for test
- LEO must have “reasonable grounds to believe” that a violation of drugged driving laws has occurred. KRS § 189A.103(1).
- Court may issue search warrant requiring a blood or urine test if a defendant is charged with violating drugged driving laws arising from an incident that causes death or physical injury. KRS § 189A.105(2)(b).
Kentucky Implied consent – evidence of refusal
- Refusal to submit to a test can be used against the driver as evidence of violating drugged driving laws. KRS § 189A.105(2).
Kentucky Implied consent – administrative / civil penalty for refusal
- Driver’s license is suspended during pendency of criminal action for violating drugged driving laws. If the driver is not convicted, there still may be a hearing concerning whether or not there was a refusal to test, in which case the court can suspend the driver’s license for the same length of time as would have occurred if convicted. KRS § 189A.107(2).
