{"data":{"id":"us-ky/krs-189a.100","jurisdiction":"us-ky","citation":"KRS 189A.100","heading":"Administration of preliminary breath tests -- Visual recording of vehicle","body":"pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use\nand destruction of recordings.\n(1) (a) Law enforcement agencies may administer preliminary breath tests using\ndevices or equipment which will ensure an accurate determination of blood\nalcohol content. Preliminary breath tests may be administered in the field to a\nperson suspected of violation of KRS 189A.010 before the person is arre sted.\nThis test may be administered in addition to any other blood alcohol level test\nauthorized by law.\n(b) 1. A person's refusal to take a preliminary breath test shall not:\na. Be used against him or her in a court of law or in any\nadministrative proceeding; or\nb. Result in the suspension of his or her license by the court at the\ntime of arraignment.\n2. Prior to the administration of a preliminary breath test, a person\nsuspected of violating KRS 189A.010 shall be informed of the\nprovisions of subparagraph 1. of this paragraph.\n(2) (a) Law enforcement agencies may record on film or videotape or by other visual\nand audible means:\n1. The pursuit of a violator or suspected violator;\n2. The traffic stop; or\n3. a. Field sobriety tests administered at the scene or such tests at a\npolice station, jail, or other suitable facility; or\nb. The refusal of a violator or suspected violator to submit to tests\nunder KRS 189A.103;\nfor a suspected violation of KRS 189A.010.\n(b) Recordings made under paragraph (a) of this subsection shall be subject to the\nfollowing conditions:\n1. The testing is recorded in its entirety, except for blood alcohol analysis\ntesting;\n2. The entire recording of the field sobriety tests or refusal and the entire\nrecording of the pursuit and traffic stop is shown in court unless the\ndefendant waives the showing of any portions not offered by the\nprosecution;\n3. The entire recording is available to be shown by the defense at trial if\nthe defendant desires  regardless of whether it was introduced by the\nCommonwealth;\n4. The defendant or his or her counsel is afforded an opportunity to view\nthe entire recording a reasonable time before the trial in order to prepare\nan adequate defense;\n5. Recordings shall be used for official purposes only, which shall include\nviewing:\na. In court;\nb. By the prosecution and defense in preparation for a trial; and\nc. For purposes of administrative reviews and official administrative\nproceedings. Recordings shall otherwise be co nsidered as\nconfidential records;\n6. The videotape or film taken in accordance with this section shall, upon\norder of the sentencing court, be destroyed after the later of the\nfollowing:\na. Fourteen (14) months, if there is no appeal of any criminal or\ntraffic case filed as a result of the videotape or film, or if the\nvideotape or film does not record the actual happening of an\naccident involving a motor vehicle;\nb. Fourteen (14) months after a decision has been made not to\nprosecute any case upon which an arrest has been made or a\ncitation issued as a result of the videotape or film, if the videotape\ndoes not record the actual happening of an accident involving a\nmotor vehicle;\nc. Twenty-six (26) months, if there is no appeal of any criminal or\ntraffic case  filed as a result of the videotape or film, if the\nvideotape or film records the actual happening of an accident\ninvolving a motor vehicle;\nd. After all appeals have been exhausted arising from any criminal or\ntraffic case filed as a result of the videotape;\ne. At the conclusion of any civil case arising from events depicted on\nthe videotape or film; or\nf. At the conclusion of the exhaustion of all appeals arising from any\nlaw enforcement agency administrative proceedings arising from\nevents depicted on the videotape or film; and\n7. Public officials or employees utilizing or showing recordings other than\nas permitted in this chapter or permitting others to do so shall be guilty\nof official misconduct in the first degree under KRS 522.020.\n(3) When a peace o fficer makes a videotape or film recording of any transaction\ncovered by subsection (2) of this section and a citation is issued or an arrest is\nmade, the peace officer shall note on the uniform citation that a videotape has been\nmade of the transaction.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58146","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"a4c998e9cad10661179a37668ced70447e82e60345f56c633e995b102791b972","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.090","next":"us-ky/krs-189a.103"},"notice":"GroundRules: Original legal text. Not legal advice."}