{"data":{"id":"us-ky/krs-189a.010","jurisdiction":"us-ky","citation":"KRS 189A.010","heading":"Operating motor vehicle with alcohol concentration of or above 0.08, or","body":"of or above 0.02 for persons under age twenty -one, or while under the\ninfluence of alcohol, a controlled substance, or other substance which impairs\ndriving ability prohibit ed -- Admissibility of alcohol concentration or\ncontrolled substance test results -- Presumptions -- Penalties -- Aggravating\ncircumstances.\n(1) A person shall not operate or be in physical control of a motor vehicle anywhere in\nthis Commonwealth:\n(a) Having an alcohol concentration of 0.08 or more as measured by a\nscientifically reliable test or tests of a sample of the person's breath or blood\ntaken within two (2) hours of cessation of operation or physical control of a\nmotor vehicle;\n(b) While under the influence of alcohol;\n(c) While under the influence of any other substance or combination of\nsubstances which impairs one's driving ability;\n(d) While the presence of a controlled substance listed in subsection (12) of this\nsection is detected in the blood, as measured by a scientifically reliable test, or\ntests, taken within two (2) hours of cessation of operation or physical control\nof a motor vehicle;\n(e) While under the combined influence of alcohol and any other substance which\nimpairs one's driving ability; or\n(f) Having an alcohol concentration of 0.02 or more as measured by a\nscientifically reliable test or tests of a sample of the person's breath or blood\ntaken within two (2) hours of cessation of operation or physical control of a\nmotor vehicle, if the person is under the age of twenty-one (21).\n(2) With the exception of the results of the tests administered pursuant to KRS\n189A.103(7):\n(a) If the sample of the person's blood or breath that is used to determine the\nalcohol concentration ther eof was obtained more than two (2) hours after\ncessation of operation or physical control of a motor vehicle, the results of the\ntest or tests shall be inadmissible as evidence in a prosecution under\nsubsection (1)(a) or (f) of this section. The results of the test or tests, however,\nmay be admissible in a prosecution under subsection (1)(b) or (e) of this\nsection; or\n(b) If the sample of the person's blood that is used to determine the presence of a\ncontrolled substance was obtained more than two (2) hours  after cessation of\noperation or physical control of a motor vehicle, the results of the test or tests\nshall be inadmissible as evidence in a prosecution under subsection (1)(d) of\nthis section. The results of the test or tests, however, may be admissible in a\nprosecution under subsection (1)(c) or (e) of this section.\n(3) In any prosecution for a violation of subsection (1)(b) or (e) of this section in which\nthe defendant is charged with having operated or been in physical control of a\nmotor vehicle while under the influence of alcohol, the alcohol concentration in the\ndefendant's blood as determined at the time of making analysis of his or her blood\nor breath shall give rise to the following presumptions:\n(a) If there was an alcohol concentration of less than 0.04, it shall be presumed\nthat the defendant was not under the influence of alcohol; and\n(b) If there was an alcohol concentration of 0.04 or greater but less than 0.08, that\nfact shall not constitute a presumption that the defendant either was or was not\nunder the influence of alcohol, but that fact may be considered,  together with\nother competent evidence, in determining the guilt or innocence of the\ndefendant.\nThis subsection shall not be construed as limiting the introduction of any other\ncompetent evidence bearing upon the questions of whether the defendant was un der\nthe influence of alcohol or other substances, in any prosecution for a violation of\nsubsection (1)(b) or (e) of this section.\n(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person\ncharged with violation of subsection (1) of this section is legally entitled to\nuse any substance, including alcohol, shall not constitute a defense against\nany charge of violation of subsection (1) of this section.\n(b) A laboratory test or tests for a controlled substance shall be inadmissib le as\nevidence in a prosecution under subsection (1)(d) of this section upon a\nfinding by the court that the defendant consumed the substance under a valid\nprescription from a practitioner, as defined in KRS 218A.010, acting in the\ncourse of his or her pro fessional practice. However, a laboratory test for a\ncontrolled substance may be admissible as evidence in a prosecution under\nsubsection (1)(c) or (e) of this section.\n(5) Any person who violates the provisions of paragraph (a), (b), (c), (d), or (e) of\nsubsection (1) of this section shall:\n(a) For the first offense within a ten (10) year period, be fined not less than two\nhundred dollars ($200) nor more than five hundred dollars ($500), or be\nimprisoned in the county jail for not less than forty -eight (48) hours nor more\nthan thirty (30) days, or both. Following sentencing, the defendant may apply\nto the judge for permission to enter a community labor program for not less\nthan forty-eight (48) hours nor more than thirty (30) days in lieu of fine or\nimprisonment, or both. If any of the aggravating circumstances listed in\nsubsection (11) of this section are present while the person was operating or in\nphysical control of a motor vehicle, the mandatory minimum term of\nimprisonment shall be four (4) days, which  term shall not be suspended,\nprobated, conditionally discharged, or subject to any other form of early\nrelease;\n(b) For the second offense within a ten (10) year period, be fined not less than\nthree hundred fifty dollars ($350) nor more than five hundred dollars ($500)\nand shall be imprisoned in the county jail for not less than seven (7) days nor\nmore than six (6) months and, in addition to fine and imprisonment, may be\nsentenced to community labor for not less than ten (10) days nor more than\nsix (6) mon ths. If any of the aggravating circumstances listed in subsection\n(11) of this section are present, the mandatory minimum term of\nimprisonment shall be fourteen (14) days, which term shall not be suspended,\nprobated, conditionally discharged, or subject to  any other form of early\nrelease;\n(c) For a third offense within a ten (10) year period, be fined not less than five\nhundred dollars ($500) nor more than one thousand dollars ($1,000) and shall\nbe imprisoned in the county jail for not less than thirty (30)  days nor more\nthan twelve (12) months and may, in addition to fine and imprisonment, be\nsentenced to community labor for not less than thirty (30) days nor more than\ntwelve (12) months. If any of the aggravating circumstances listed in\nsubsection (11) of this section are present, the mandatory minimum term of\nimprisonment shall be sixty (60) days, which term shall not be suspended,\nprobated, conditionally discharged, or subject to any other form of early\nrelease;\n(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a\nClass D felony. If any of the aggravating circumstances listed in subsection\n(11) of this section are present, the mandatory minimum term of\nimprisonment shall be two hundred forty (240) days, which term shall not be\nsuspended, probated, conditionally discharged, or subject to any other form of\nrelease; and\n(e) For purposes of this subsection, prior offenses shall include all convictions in\nthis Commonwealth, and any other state or jurisdiction, for operating or bei ng\nin control of a motor vehicle while under the influence of alcohol or other\nsubstances that impair one's driving ability, or any combination of alcohol and\nsuch substances, or while having an unlawful alcohol concentration, or\ndriving while intoxicated,  but shall not include convictions for violating\nsubsection (1)(f) of this section. A court shall receive as proof of a prior\nconviction a copy of that conviction, certified by the court ordering the\nconviction.\n(6) Any person who violates the provisions o f subsection (1)(f) of this section shall be\nfined no less than one hundred dollars ($100) and no more than five hundred dollars\n($500), or sentenced to twenty (20) hours of community service in lieu of a fine. A\nperson subject to the penalties of this subsection shall not be subject to the penalties\nestablished in subsection (5) of this section or any other penalty established\npursuant to KRS Chapter 189A, except those established in KRS 189A.040(1) and\nKRS 189A.070.\n(7) If the person is under the age of t wenty-one (21) and there was an alcohol\nconcentration of 0.08 or greater, the person shall be subject to the penalties\nestablished pursuant to subsection (5) of this section.\n(8) (a) For a second or third offense within a ten (10) year period, the minimum\nsentence of imprisonment or community labor shall not be suspended,\nprobated, or subject to conditional discharge or other form of early release.\n(b) For a fourth or subsequent offense under this section, the minimum term of\nimprisonment shall be one hundr ed twenty (120) days, and this term shall not\nbe suspended, probated, or subject to conditional discharge or other form of\nearly release.\n(c) For a second or subsequent offense, at least forty -eight (48) hours of the\nmandatory sentence shall be served consecutively.\n(9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of\nthe penalties shall be assessed and that penalty shall not be suspended, probated, or\nsubject to conditional discharge or other form of early release.\n(10) In determining the ten (10) year period under this section, the period shall be\nmeasured from the dates on which the offenses occurred for which the judgments of\nconviction were entered.\n(11) For purposes of this section, aggravating circumstances are any one (1) or more of\nthe following:\n(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the\nspeed limit;\n(b) Operating a motor vehicle in the wrong direction on a limited access highway;\n(c) Operating a motor vehicle that causes an ac cident resulting in death or serious\nphysical injury as defined in KRS 500.080;\n(d) Operating a motor vehicle while the alcohol concentration in the operator's\nblood or breath is 0.15 or more as measured by a test or tests of a sample of\nthe operator's blo od or breath taken within two (2) hours of cessation of\noperation of the motor vehicle;\n(e) Refusing to submit to any test of one's breath requested by an officer having\nreasonable grounds to believe the person was operating or in physical control\nof a motor vehicle in violation of subsection (1) of this section, except it shall\nnot be considered an aggravating circumstance for a first offense under\nsubsection (5)(a) of this section; and\n(f) Operating a motor vehicle that is transporting a passenger under t he age of\ntwelve (12) years old.\n(12) The substances applicable to a prosecution under subsection (1)(d) of this section\nare:\n(a) Any Schedule I controlled substance except marijuana;\n(b) Alprazolam;\n(c) Amphetamine;\n(d) Buprenorphine;\n(e) Butalbital;\n(f) Carisoprodol;\n(g) Clonazepam;\n(h) Cocaine;\n(i) Cyclobenzaprine;\n(j) Diazepam;\n(k) Fentanyl;\n(l) Hydrocodone;\n(m) Meprobamate;\n(n) Methadone;\n(o) Methamphetamine;\n(p) Oxycodone;\n(q) Promethazine;\n(r) Propoxyphene; and\n(s) Zolpidem.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58145","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"f96415e71d4a1f0d2aa4bbcf83f3880ee428b01c06046d4d04635db9865b9155","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.005","next":"us-ky/krs-189a.015"},"notice":"GroundRules: Original legal text. Not legal advice."}