{"data":{"id":"us-ky/krs-189a.107","jurisdiction":"us-ky","citation":"KRS 189A.107","heading":"License suspension for refusal to take alcohol or substance tests --","body":"Hearing  on alleged refusal -- Time  period for suspension  -- Notice to\nTransportation Cabinet.\n(1) A person who refuses to submit to an alcohol concentration or substance test\nrequested by an officer having reasonable grounds to believe that the person\nviolated KRS  189A.010(1) shall have his or her driver's license suspended\nduring the pendency of the action as provided in KRS 189A.200.\n(2) (a) In the event a defendant is not convicted of a violation of KRS\n189A.010(1) in a case in which it is alleged that he or she refused to take\nan alcohol concentration or substance test, upon motion of the attorney\nfor the Commonwealth,  the court shall conduct a hearing, without a jury,\nto determine by clear and convincing evidence if the person actually\nrefused the testing. However, the hearing shall not be required if the court\nhas made  a previous determination of the issue at a hearing held under\nKRS  189A.200 and 189A.220.\n(b) If the court finds that the person did refuse to submit to a breath, blood, or\nurine test, the court shall suspend the person's driver's license for the\nperiod of time the license would have been suspended upon conviction as\nset forth in KRS  189A.070(1), except that the court may  authorize the\nperson to apply to the Transportation Cabinet for issuance of an ignition\ninterlock license under KRS 189A.340 for the period of the suspension.\n(c) When  the court orders the suspension of a person's license pursuant to\nthis subsection, the person shall surrender the license in the same\nmanner  prescribed by KRS  189A.200(4). In addition, notice of the\nsuspension  shall be  immediately transmitted to the Transportation\nCabinet.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52113","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"ccb62afa64c5d964b0dae29bb161688c47fbaa4f8f48e2ad1217c387e522be21","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.105","next":"us-ky/krs-189a.110"},"notice":"GroundRules: Original legal text. Not legal advice."}