KRS 186.560: Mandatory revocation or denial of license -- Causes -- Period of revocation

or denial -- Prohibition against reductions of certain revocations or denials --

Limited exception relating to enrollment in alcohol or substance abuse

education or treatment programs.

(1) The cabinet shall forthwith revoke the license of any operator of a motor vehicle

upon receiving record of his or her:

(a) Conviction of any of the following offenses:

1. Murder or manslaughter resulting from the operation of a motor vehicle;

2. Driving a vehicle which is not a motor vehicle while under the influence

of alcohol or any other substance which may impair one's driving

ability;

3. Perjury or the making of a false affidavit under KRS 186.400 to 186.640

or any law requiring the registration of motor vehicles or regulating their

operation on highways;

4. Any felony in the commission of which a motor vehicle is used;

5. Conviction or forfeiture of bail upon three (3) charges of reckless

driving within the preceding twelve (12) months;

6. Conviction of driving a motor vehicle involved in an accident and

failing to stop and disclose his identity at the scene of the accident;

7. Conviction of theft of a motor vehicle or any of its parts, including the

conviction of any person under the age of eighteen (18) years;

8. Failure to have in full force and effect the security required by Subtitle

39 of KRS Chapter 304 upon conviction of a second and each

subsequent offense within any five (5) year period;

9. Conviction for fraudulent use of a driver's license or use of a fraudulent

driver's license to purchase or attempt to purchase alcoholic beverages,

as defined in KRS 241.010, in violation of KRS 244.085(4);

10. Conviction of operating a motor vehicle, motorcycle, or moped without

an operator's license as required by KRS 186.410;

11. Conviction of fleeing or evading police in the second degree when the

offense involved the operation of a motor vehicle; and

12. Conviction of violating the provisions of KRS 189.290(3) or (4); or

(b) Being found incompetent to stand trial under KRS Chapter 504.

(2) If the person convicted of any offense named in subsection (1) of this section or

who is foun d incompetent to stand trial is not the holder of a license, the cabinet

shall deny the person so convicted a license for the same period of time as though

he or she had possessed a license which had been revoked. If through an

inadvertence the defendant s hould be issued a license, the cabinet shall forthwith

cancel it.

(3) The cabinet, upon receiving a record of the conviction of any person upon a charge

of operating a motor vehicle while the license of that person is denied, or

suspended, or revoked, or w hile his privilege to operate a motor vehicle is

withdrawn, shall immediately extend the period of the first denial, suspension,

revocation, or withdrawal for an additional like period.

(4) The revocation or denial of a license or the withdrawal of the pri vilege of operating

a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a

period of not less than five (5) years. Revocations or denials under this section shall

not be subject to any lessening of penalties authorized under any other provision of

this section or any other statute.

(5) Except as provided in subsections (3), (4), (8), and (9) of this section, in all other

cases, the revocation or denial of a license or the withdrawal of the privilege of

operating a motor vehicle under this section shall be for a period of six (6) months,

except that if the same person has had one (1) previous conviction of any offense

enumerated in subsection (1) of this section, regardless of whether the person's

license was revoked because of the previous conviction, the period of the

revocation, denial, or withdrawal shall be one (1) year. If the person has had more

than one (1) previous conviction of the offenses considered collectively as

enumerated in subsection (1) of this section, regardl ess of whether the person's

license was revoked for any previous conviction, the period of revocation, denial, or

withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of

the written recommendation of the court in which any pers on has been convicted of

violating KRS 189.520(1) or 244.085(4) as relates to instances in which a driver's

license or fraudulent driver's license was the identification used or attempted to be

used in the commission of the offense, who has had no previous conviction of said

offense, the person's operator's license shall not be revoked, but the person's

operator's license shall be restricted to any terms and conditions the secretary in his

discretion may require, provided the person has enrolled in an alcoh ol or substance

abuse education or treatment program as the cabinet shall require. If the person fails

to satisfactorily complete the education or treatment program or violates the

restrictions on his operator's license, the cabinet shall immediately revok e his

operator's license for a period of six (6) months.

(6) In order to secure the reinstatement of a license to operate a motor vehicle or

motorcycle restored following a period of suspension pursuant to KRS Chapter

189A, the person whose license is susp ended shall comply with the fees and other

procedures of the Transportation Cabinet with regard to the reinstatement of

suspended licenses.

(7) The cabinet shall revoke the license of any operator of a motor vehicle upon

receiving notification that the person is under age eighteen (18) and has dropped out

of school or is academically deficient, as defined in KRS 159.051(1).

(8) A person under the age of eighteen (18) who is convicted of the offenses of

subsections (1) or (3) of this section, except for subs ection (1)(a)8. or 9. of this

section, shall have his license revoked until he or she reaches the age of eighteen

(18) or shall have his license revoked as provided in this section, whichever penalty

will result in the longer period of revocation.

(9) A revocation or denial of a license or the withdrawal of the privilege of operating a

motor vehicle under this section due to a person being found incompetent to stand

trial shall extend until the person is found competent to stand trial or the criminal

case is dismissed.