{"data":{"id":"us-ky/krs-189a.103","jurisdiction":"us-ky","citation":"KRS 189A.103","heading":"Consent to tests for alcohol concentration or substance which may","body":"impair driving ability -- Test procedures -- Who may administer -- Personal\ntesting.\nThe following provisions shall apply to any person who operates or is in physical control\nof a motor vehicle or a vehicle that is not a motor vehicle in this Commonwealth:\n(1) He or she has given his or her consent to one (1) or more tests of his or her blood,\nbreath, and urine, or combination thereof, for the purpose of determining alcohol\nconcentration or presence of a substance which may impair one's driving ability, if\nan officer has reasonable grounds to believe that a violation of KRS 189A.010(1) or\n189.520(1) has occurred;\n(2) Any person who is dead, unconscious, or otherwise in a condition r endering him or\nher incapable of refusal is deemed not to have withdrawn the consent provided in\nsubsection (1) of this section, and the test may be given;\n(3) (a) The breath, blood, and urine tests administered pursuant to this section shall\nbe administered at the direction of a peace officer having reasonable grounds\nto believe the person has committed a violation of KRS 189A.010(1) or\n189.520(1).\n(b) Tests of the person's breath, blood, or urine, to be valid pursuant to this\nsection, shall have been performed according to the administrative regulations\npromulgated by the secretary of the Justice and Public Safety Cabinet, and\nshall have been performed, as to breath tests, only after a peace officer has\nhad the person under personal observation at the loca tion of the test for a\nminimum of twenty (20) minutes.\n(c) All breath tests shall be administered by a peace officer holding a certificate\nas an operator of a breath analysis instrument, issued by the secretary of the\nJustice and Public Safety Cabinet or his or her designee;\n(4) A breath test shall consist of a test which is performed in accordance with the\nstandard operating procedures adopted by the Department of Criminal Justice\nTraining for the use of the instrument. The secretary of the Justice and Pub lic\nSafety Cabinet shall keep available for public inspection and provide, upon request\nand without charge, copies of the standard operating procedures adopted by the\nDepartment of Criminal Justice Training for all models of breath testing devices in\nuse by the Commonwealth of Kentucky;\n(5) When the preliminary breath test, breath test, or other evidence gives the peace\nofficer reasonable grounds to believe there is impairment by a substance which is\nnot subject to testing by a breath test, then blood or ur ine tests, or both, may be\nrequired in addition to a breath test, or in lieu of a breath test;\n(6) Only a physician, registered nurse, phlebotomist, medical technician, or medical\ntechnologist not otherwise prohibited by law can withdraw any blood of any person\nsubmitting to a test under this section; and\n(7) After the person has submitted to all alcoho l concentration tests and substance tests\nrequested by the officer, the person tested shall be permitted to have a person listed\nin subsection (6) of this section of his or her own choosing administer a test or tests\nin addition to any tests administered a t the direction of the peace officer. Tests\nconducted under this section shall be conducted within a reasonable length of time.\nProvided, however, the nonavailability of the person chosen to administer a test or\ntests in addition to those administered at t he direction of the peace officer within a\nreasonable time shall not be grounds for rendering inadmissible as evidence the\nresults of the test or tests administered at the direction of the peace officer.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53541","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"3be6e24426053a17e9baa20df30056806ebcc50ddec93a8a241e70e2d558b09a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.100","next":"us-ky/krs-189a.104"},"notice":"GroundRules: Original legal text. Not legal advice."}