{"data":{"id":"us-ky/krs-189a.105","jurisdiction":"us-ky","citation":"KRS 189A.105","heading":"Effect of refusal to submit to tests -- Information required to be provided","body":"when tests requested -- Court-ordered testing -- Withdrawal of blood sample --\nRight to consult attorney before submitting to tests -- Personal testing option.\n(1) A person's refusal to submit to tests under KRS 189A.103 shall result in suspension\nof his or her driving privilege as provided in this chapter.\n(2) (a) At the time a breathor blood test is requested, the person shall be informed\nthat:\n1. If the person refuses to submit to a breath test:\na. The fact of this refusal may be used against him or her in court as\nevidence of violating KRS 189A.010 and will result in suspension\nof his or her driver's license by the court at the time of\narraignment; and\nb. If th e person is subsequently convicted of violating KRS\n189A.010(1):\ni. For a second or third time within a ten (10) year period, he or\nshe will be subject to a mandatory minimum jail sentence\nwhich is twice as long as the mandatory minimum jail\nsentence imposed if he or she submits to the tests; and\nii. His or her license will be suspended by the Transportation\nCabinet;\n2. If the person refuses to submit to a blood test:\na. The fact of this refusal shall not be used against him or her in court\nas evidence of violating KRS 189A.010 but will result in\nsuspension of his or her driver's license by the court at the time of\narraignment; and\nb. If the person is subsequently convicte d of violating KRS\n189A.010(1), his or her license will be suspended by the\nTransportation Cabinet;\n3. If a test is taken:\na. The results of the test may be used against the person in court as\nevidence of violating KRS 189A.010(1); and\nb. The person has th e right to have a test or tests of his or her blood\nperformed by a person of his or her choosing described in KRS\n189A.103 within a reasonable time of his or her arrest at the\nexpense of the person arrested; and\n4. Although his or her license will be suspe nded, he or she may be eligible\nimmediately for an ignition interlock license allowing him or her to\ndrive during the period of suspension and, if he or she is convicted, he or\nshe will receive a credit toward any other ignition interlock requirement\narising from this arrest.\n(b) This subsection shall not be construed to prohibit a judge of a court of\ncompetent jurisdiction from issuing a search warrant or other court order\nrequiring a blood test of a defendant charged with a violation of KRS\n189A.010, or o ther statutory violation arising from the incident. However, if\nthe incident involves a motor vehicle accident in which there was a fatality,\nthe investigating peace officer shall seek a search warrant for blood testing\nunless the testing has already been done by consent. If testing done pursuant\nto a warrant reveals the presence of alcohol or any other substance that\nimpaired the driving ability of a person who is charged and convicted of a\nviolation of KRS 189A.010(1), the sentencing court shall require, in addition\nto any other sentencing provision, that the defendant make restitution to the\nCommonwealth for the cost of the testing.\n(c) 1. When directed by a peace officer pursuant to a search warrant or other\ncourt order issued under this subsection, a qualified medical professional\nshall withdraw the sample of blood as soon as practicable and shall\ndeliver the sample to the requesting peace officer, or other peace officer\nas directed by the requesting peace officer, if the collection of the\nsample does no t jeopardize the person's life, cause serious injury to the\nperson, or seriously impede the person's medical assessment, care, or\ntreatment.\n2. The qualified medical professional authorized to withdraw the blood\nsample and the medical care facility where t he blood sample is drawn\nshall be considered as acting in good faith once presented with a search\nwarrant or other court order issued under this subsection. The qualified\nmedical professional shall not require the person that is the subject of\nthe test or tests to provide any additional consent.\n3. A qualified medical professional who administers any test under this\nparagraph upon the request of a peace officer, and a medical care facility\nwhere any test under this paragraph may be performed, shall not be\ncriminally liable solely for administering the requested test or civilly\nliable for damages to the person tested solely for administering the\nrequested test except in cases of gross negligence or willful or wanton\nmisconduct.\n(d) If the person is not inform ed of the provisions of paragraph (a) of this\nsubsection prior to the request for a breath or blood test, the person shall not\nhave his or her:\n1. Refusal to submit to a breath or blood test used:\na. Against him or her in court as evidence of violating KRS\n189A.010; or\nb. As an aggravating circumstance under KRS 189A.010(11); or\n2. License suspended by the court at the time of arraignment.\n(3) During the period immediately preceding the administration of any test, the person\nshall be afforded an opportunity  of at least ten (10) minutes but not more than\nfifteen (15) minutes to attempt to contact and communicate with an attorney and\nshall be informed of this right. Inability to communicate with an attorney during\nthis period shall not be deemed to relieve the  person of his or her obligation to\nsubmit to the tests and the penalties specified by KRS 189A.010 and 189A.107\nshall remain applicable to the person upon refusal. This section shall not be deemed\nto create a right to have an attorney present during the a dministration of the tests,\nbut the person's attorney may be present if the attorney can physically appear at the\nlocation where the test is to be administered within the time period established in\nthis section.\n(4) Immediately following the administration  of the final test requested by the officer,\nthe person shall again be informed of his or her right to have a test or tests of his or\nher blood performed by a person of his or her choosing described in KRS 189A.103\nwithin a reasonable time of his or her ar rest at the expense of the person arrested.\nHe or she shall then be asked, \"Do you want such a test?\" The officer shall make\nreasonable efforts to provide transportation to the tests.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58147","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"a3ce61394c47937b292cd1c2cb0ab793040476e2fc40cbe8cdd3932578458da4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.104","next":"us-ky/krs-189a.107"},"notice":"GroundRules: Original legal text. Not legal advice."}