KRS 189A.240: Judicial review of pretrial license suspension for repeat offender.

In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the

court determines by a preponderance of the evidence that:

(1) The person was charged and arrested by a peace officer with a violation of KRS

189A.010(1)(a), (b), (c), (d), or (e);

(2) The peace officer had reasonable grounds to believe that the person was operating a

motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e);

(3) There is probable cause to believe that the person committed the violation of KRS

189A.010(1)(a), (b), (c), (d), or (e) as charged; and

(4) The person has been convicted of one (1) or more prior offenses as described in

KRS 189A.010(5)(e) or has had his or her motor vehicle operator's license

suspended on one (1) or more occasions f or refusing to take an alcohol

concentration or substance test, in the ten (10) year period immediately preceding

his or her arrest;

then the court shall continue to suspend the person's operator's license or privilege to

operate a motor vehicle, but in no event for a period longer than the license suspension

period applicable to the person under KRS 189A.070 and 189A.107. The provisions of

this section shall not be construed as limiting the person's ability to challenge any prior

convictions or license suspensions or refusals.