KRS 189A.107: License suspension for refusal to take alcohol or substance tests --

Hearing on alleged refusal -- Time period for suspension -- Notice to

Transportation Cabinet.

(1) A person who refuses to submit to an alcohol concentration or substance test

requested by an officer having reasonable grounds to believe that the person

violated KRS 189A.010(1) shall have his or her driver's license suspended

during the pendency of the action as provided in KRS 189A.200.

(2) (a) In the event a defendant is not convicted of a violation of KRS

189A.010(1) in a case in which it is alleged that he or she refused to take

an alcohol concentration or substance test, upon motion of the attorney

for the Commonwealth, the court shall conduct a hearing, without a jury,

to determine by clear and convincing evidence if the person actually

refused the testing. However, the hearing shall not be required if the court

has made a previous determination of the issue at a hearing held under

KRS 189A.200 and 189A.220.

(b) If the court finds that the person did refuse to submit to a breath, blood, or

urine test, the court shall suspend the person's driver's license for the

period of time the license would have been suspended upon conviction as

set forth in KRS 189A.070(1), except that the court may authorize the

person to apply to the Transportation Cabinet for issuance of an ignition

interlock license under KRS 189A.340 for the period of the suspension.

(c) When the court orders the suspension of a person's license pursuant to

this subsection, the person shall surrender the license in the same

manner prescribed by KRS 189A.200(4). In addition, notice of the

suspension shall be immediately transmitted to the Transportation

Cabinet.