KRS 189A.090: Operating motor vehicle while license is suspended for driving under the

influence prohibited -- Operating motor vehicle without ignition interlock

license or hardship license prohibited -- Penalties.

(1) No person shall operate or be in phy sical control of a motor vehicle or motorcycle

while his or her license is suspended under this chapter, unless the person has a

valid:

(a) Ignition interlock license in the person's possession and:

1. The motor vehicle or motorcycle is equipped with a fun ctioning ignition

interlock device; or

2. The person is operating or in physical control of an employer's motor

vehicle or motorcycle in accordance with KRS 189A.340(6); or

(b) Hardship license in the person's possession.

(2) In addition to the period of l icense suspension imposed by KRS 189A.070, any

person who violates subsection (1) of this section shall:

(a) For a first offense within a ten (10) year period, be guilty of a Class B

misdemeanor and have his or her license suspended by the Transportation

Cabinet for six (6) months, unless at the time of the offense the person was

also operating or in physical control of a motor vehicle in violation of KRS

189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty

of a Class A misdemean or and have his or her license suspended by the

Transportation Cabinet for a period of one (1) year;

(b) For a second offense within a ten (10) year period, be guilty of a Class A

misdemeanor and have his or her license suspended by the Transportation

Cabinet for one (1) year, unless at the time of the offense the person was also

operating or in physical control of a motor vehicle in violation of KRS

189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty

of a Class D felony and hav e his or her license suspended by the

Transportation Cabinet for a period of two (2) years; and

(c) For a third or subsequent offense within a ten (10) year period, be guilty of a

Class D felony and have his or her license suspended by the Transportation

Cabinet for two (2) years, unless at the time of the offense the person was also

operating or in physical control of a motor vehicle in violation of KRS

189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty

of a Class D felony and have his or her license suspended by the

Transportation Cabinet for a period of five (5) years.

(3) Any person who violates subsection (1) of this section may apply for an ignition

interlock license for the remainder of the original period of suspension u nder KRS

189A.070 and for the entire period of the new suspension if the person is and

remains otherwise eligible for such license pursuant to KRS 189A.340.

(4) The ten (10) year period under this section shall be measured in the same manner as

in KRS 189A.070.