KRS 189A.100: Administration of preliminary breath tests -- Visual recording of vehicle

pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use

and destruction of recordings.

(1) (a) Law enforcement agencies may administer preliminary breath tests using

devices or equipment which will ensure an accurate determination of blood

alcohol content. Preliminary breath tests may be administered in the field to a

person suspected of violation of KRS 189A.010 before the person is arre sted.

This test may be administered in addition to any other blood alcohol level test

authorized by law.

(b) 1. A person's refusal to take a preliminary breath test shall not:

a. Be used against him or her in a court of law or in any

administrative proceeding; or

b. Result in the suspension of his or her license by the court at the

time of arraignment.

2. Prior to the administration of a preliminary breath test, a person

suspected of violating KRS 189A.010 shall be informed of the

provisions of subparagraph 1. of this paragraph.

(2) (a) Law enforcement agencies may record on film or videotape or by other visual

and audible means:

1. The pursuit of a violator or suspected violator;

2. The traffic stop; or

3. a. Field sobriety tests administered at the scene or such tests at a

police station, jail, or other suitable facility; or

b. The refusal of a violator or suspected violator to submit to tests

under KRS 189A.103;

for a suspected violation of KRS 189A.010.

(b) Recordings made under paragraph (a) of this subsection shall be subject to the

following conditions:

1. The testing is recorded in its entirety, except for blood alcohol analysis

testing;

2. The entire recording of the field sobriety tests or refusal and the entire

recording of the pursuit and traffic stop is shown in court unless the

defendant waives the showing of any portions not offered by the

prosecution;

3. The entire recording is available to be shown by the defense at trial if

the defendant desires regardless of whether it was introduced by the

Commonwealth;

4. The defendant or his or her counsel is afforded an opportunity to view

the entire recording a reasonable time before the trial in order to prepare

an adequate defense;

5. Recordings shall be used for official purposes only, which shall include

viewing:

a. In court;

b. By the prosecution and defense in preparation for a trial; and

c. For purposes of administrative reviews and official administrative

proceedings. Recordings shall otherwise be co nsidered as

confidential records;

6. The videotape or film taken in accordance with this section shall, upon

order of the sentencing court, be destroyed after the later of the

following:

a. Fourteen (14) months, if there is no appeal of any criminal or

traffic case filed as a result of the videotape or film, or if the

videotape or film does not record the actual happening of an

accident involving a motor vehicle;

b. Fourteen (14) months after a decision has been made not to

prosecute any case upon which an arrest has been made or a

citation issued as a result of the videotape or film, if the videotape

does not record the actual happening of an accident involving a

motor vehicle;

c. Twenty-six (26) months, if there is no appeal of any criminal or

traffic case filed as a result of the videotape or film, if the

videotape or film records the actual happening of an accident

involving a motor vehicle;

d. After all appeals have been exhausted arising from any criminal or

traffic case filed as a result of the videotape;

e. At the conclusion of any civil case arising from events depicted on

the videotape or film; or

f. At the conclusion of the exhaustion of all appeals arising from any

law enforcement agency administrative proceedings arising from

events depicted on the videotape or film; and

7. Public officials or employees utilizing or showing recordings other than

as permitted in this chapter or permitting others to do so shall be guilty

of official misconduct in the first degree under KRS 522.020.

(3) When a peace o fficer makes a videotape or film recording of any transaction

covered by subsection (2) of this section and a citation is issued or an arrest is

made, the peace officer shall note on the uniform citation that a videotape has been

made of the transaction.