Kentucky DUI License Suspension Issues
Implied Consent under Kentucky DUI Law
 Upon arrest for DUI in the state of Kentucky, a suspect will be requested to submit to a chemical test of his breath, blood, and/or urine. Prior to this request, however, the police must inform the suspect of his/her implied consent rights and the consequences of a test refusal.
Under KY's Implied Consent Law, any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle in the state of Kentucky is deemed to have given his/her consent to one or more tests of his/her blood, breath, and urine for the purpose of determining the presence of alcohol or a substance that may impair one's ability to drive. As such consent to testing is considered implied by accepting the privilege to drive in the state, persons who are unconscious or otherwise incapable of refusing are presumed to have given consent to chemical testing.
**NOTE - Unlike in most other states, Kentucky DUI law provides persons suspected of DUI the right to consult with an attorney prior to making his/her decision of whether they wish to submit to a chemical test. Immediately prior to the administration of any test, the person must be given at least 10 minutes (but no more than 15 minutes) to attempt to contact and speak with an attorney. The police MUST inform DUI suspects of this right. The inability to reach an attorney within the allowed time frame does not preclude admission of the test(s) or test refusal in court, so long as the person was given an opportunity to make contact.
CHEMICAL TEST REFUSAL - The police must inform suspects of the consequences of refusing to submit to a chemical test. Refusal will result in the suspension/revocation of the suspect's privilege to drive in the state (and no eligibility for a hardship permit), and such refusal is admissible in court as evidence of the purported DUI violation. The DUI suspect's driver's license will be suspended by the court during the course of his/her criminal DUI case.
**NOTE: Refusal to submit to a chemical test qualifies as an enhancement for criminal sentencing purposes. Persons who refuse and are subsequently convicted of a criminal DUI offense will receive double the amount of minimum penalties (see the Kentucky Penalties tab for more information).
CHEMICAL TEST FAILURE - DUI suspects must also be told that if a chemical test is taken, the results may be used against him/her in court. Upon conviction for a criminal DUI offense, a person with chemical test results over .18 will be sentenced to double the amount of minimum jail time.
RIGHT TO INDEPENDENT TEST - Immediately following the administration of the chemical tests requested by the police, a DUI suspect must be informed again of the right to have a test or tests of his/her blood performed by a qualified person of his/her choosing. The independent test must be conducted within a reasonable amount of time of his arrest and the expense costs must be paid by the suspect. The police must make reasonable efforts to provide transportation to the tests if the suspect wishes to have independent testing conducted.
KENTUCKY DUI REFUSAL PENALTIES:
FIRST OFFENSE REFUSAL - 30 days - 120 days license suspension
SECOND OFFENSE REFUSAL - 12 months - 18 months license suspension
THRID OFFENSE REFUSAL - 24 months - 36 months license suspension
FOURTH OFFENSE REFUSAL - 60 months license suspension
KENTUCKY DUI LICENSE SUSPENSIONS
PRETRIAL LICENSE SUSPENSION PROCESS - At the arraignment (or soon thereafter) the court will suspend the driver's license of a DUI defendant who (1) refused chemical testing, (2) has a prior DUI conviction or a prior license suspension as a result of a previous refusal within the last five years, or (3) was involved in an accident that resulted in death or serious physical injury. The defendant must immediately surrender his/her license to the Circuit Court Clerk.
PRETRIAL LICENSE SUSPENSION REVIEW HEARING - Kentucky DUI defendants who wish to contest the suspension may file a motion for judicial review. The court will conduct a hearing to review the suspension within 30 days of the request. At the hearing, the following issues will be determined: (1) whether the person was charged and arrested by a police officer for a DUI violation; (2) whether the officer had reasonable grounds to believe the person was operating or in physical control of a motor vehicle in violation of the DUI statute; (3) whether the person was advised of the implied consent law; (4) whether the officer requested the person to submit to chemical testing; and (5) whether the person refused to submit to requested chemical testing. If the court finds by a preponderance of the evidence all five issues are answered in the affirmative, the court will continue the license suspension until the criminal DUI case is resolved.
POST TRIAL LICENSE SUSPENSION HEARING - As explained above, DUI defendants who refuse to submit to chemical testing will have their driver's license suspended while their criminal DUI case is pending. If the defendant is not ultimately convicted of DUI, the court will conduct a hearing without a jury to determine by clear and convincing evidence if the defendant actually refused the testing. If the court determines that the defendant did refuse, the court will suspend the person's driver's license for the period of time that would have been sentenced had a criminal KentuckyDUI conviction occurred.
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