KRS 189A.120: Prosecutor's duties with regard to amendment of charges -- Amendment

of blood alcohol concentration -- Record of charges and amendments.

(1) When an alcohol concentration for a person twenty-one (21) years of age or older in

a prosecution for violation of KRS 189A.010 is 0.08 or above, is 0.02 or above for a

person under the age of twenty -one (21), or when the defendant, regardless of age,

has refused to take an alcohol concentration or substance test, a prosecuting attorney

shall not agree to the ame ndment of the charge to a lesser offense and shall oppose

the amendment of the charge at trial, unless all prosecution witnesses are, and it is

expected they will continue to be, unavailable for trial.

(2) A prosecuting attorney shall not amend a blood alcohol concentration, and he or she

shall oppose the amendment of the percentage, unless uncontroverted scientific

evidence is presented that the test results were in error. In those cases, the

prosecutor shall state his or her reasons for agreeing with the amendment, and the

scientific data upon which the amendment was made shall be made a part of the

record in this case.

(3) The record of charges and disposition thereof, including reasons for amending the

charges, shall be transmitted by the court to the Ju stice and Public Safety Cabinet

for inclusion in the centralized criminal history record information system under

KRS 17.150.