{"data":{"id":"us-ky/krs-189.520","jurisdiction":"us-ky","citation":"KRS 189.520","heading":"Operating vehicle not a motor vehicle while under influence of intoxicants","body":"or substance which may impair driving ability prohibited -- Presumptions\nconcerning intoxication.\n(1) No person under the influence of intoxicating beverages or any substance w hich\nmay impair one's driving ability shall operate a vehicle that is not a motor vehicle\nanywhere in this state.\n(2) No peace officer or State Police officer shall fail to enforce rigidly this section.\n(3) In any criminal prosecution for a violation of su bsection (1) of this section, wherein\nthe defendant is charged with having operated a vehicle which is not a motor\nvehicle while under the influence of intoxicating beverages, the alcohol\nconcentration, as defined in KRS 189A.005, in the defendant's blood as determined\nat the time of making an analysis of his blood, urine, or breath, shall give rise to the\nfollowing presumptions:\n(a) If there was an alcohol concentration of less than 0.05, it shall be presumed\nthat the defendant was not under the influence of alcohol;\n(b) If there was an alcohol concentration of 0.05 or greater but less than 0.08,\nsuch fact shall not constitute a presumption that the defendant either was or\nwas not under the influence of alcohol, but such fact may be considered,\ntogether with other competent evidence, in determining the guilt or innocence\nof the defendant; and\n(c) If there was an alcohol concentration of 0.08 or more, it shall be presumed\nthat the defendant was under the influence of alcohol.\n(4) The provisions of subsection (3) of this section shall not be construed as limiting\nthe introduction of any other competent evidence bearing upon the question of\nwhether the defendant was under the influence of intoxicating beverages.","path":["KRS Chapter 189"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6409","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:43Z","sha256":"fcad8168f04eff7d2f721a120e1afce04a07dd9c41bf9cbe9a786e1b4fce6c86","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189.517","next":"us-ky/krs-189.530"},"notice":"GroundRules: Original legal text. Not legal advice."}