KRS 189A.005: Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood

or grams of alcohol per 210 liters of breath;

(2) "Cabinet" means the Transportation Cabinet;

(3) "Ignition interlock device" or "device" means a device, certified by the

Transportation Cabinet for use in this Commonwealth under KRS 189A.350, that:

(a) Connects a motor vehicle ignition system or motorcycle ignition system to a

breath alcohol analyzer and prev ents a motor vehicle ignition or motorcycle

ignition from starting, and from continuing to operate, if a driver's breath

alcohol concentration exceeds 0.02, as measured by the device; and

(b) Has a fully functional camera that is equipped to record the dat e, time, and

photo of all persons providing breath samples to the device;

(4) "Ignition interlock certificate of installation" means a certificate providing that the

installed ignition interlock device has been installed and is certified for use in the

Commonwealth under KRS 189A.350;

(5) "Ignition interlock device provider" or "provider" means any person or company

certified by the Transportation Cabinet to engage in the business of manufacturing,

selling, leasing, servicing, or monitoring ignition interlo ck devices within the

Commonwealth;

(6) "Ignition interlock license" means a motor vehicle or motorcycle operator's license

issued or granted by the laws of the Commonwealth of Kentucky that, except for

those with an employer exemption under KRS 189A.340, permits a person to drive

only motor vehicles or motorcycles equipped with a functioning ignition interlock

device;

(7) "License" means any driver's or operator's license or any other license or permit to

operate a motor vehicle issued under or granted by the laws of this state including:

(a) Any temporary license or instruction permit;

(b) The privilege of any person to obtain a valid license or instruction permit, or

to drive a motor vehicle whether or not the person holds a valid license; and

(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189;

(8) "Limited access highway" has the same meaning as "limited access facility" does in

KRS 177.220;

(9) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103.

Declining may be either by word or by the act of refusal. If the breath testing

instrument for any reason shows an insufficient breath sample and the alcohol

concentration c annot be measured by the breath testing instrument, the law

enforcement officer shall then request the defendant to take a blood or urine test in

lieu of the breath test. If the defendant then declines either by word or by the act of

refusal, he shall then be deemed to have refused if the refusal occurs at the site at

which any alcohol concentration or substance test is to be administered; and

(10) When age is a factor, it shall mean age at the time of the commission of the offense.