{"data":{"id":"us-ky/krs-189a.120","jurisdiction":"us-ky","citation":"KRS 189A.120","heading":"Prosecutor's duties with regard to amendment of charges -- Amendment","body":"of blood alcohol concentration -- Record of charges and amendments.\n(1) When an alcohol concentration for a person twenty-one (21) years of age or older in\na prosecution for violation of KRS 189A.010 is 0.08 or above, is 0.02 or above for a\nperson under the age of twenty -one (21), or when the defendant, regardless of age,\nhas refused to take an alcohol concentration or substance test, a prosecuting attorney\nshall not agree to the ame ndment of the charge to a lesser offense and shall oppose\nthe amendment of the charge at trial, unless all prosecution witnesses are, and it is\nexpected they will continue to be, unavailable for trial.\n(2) A prosecuting attorney shall not amend a blood alcohol concentration, and he or she\nshall oppose the amendment of the percentage, unless uncontroverted scientific\nevidence is presented that the test results were in error. In those cases, the\nprosecutor shall state his or her reasons for agreeing with the amendment, and the\nscientific data upon which the amendment was made shall be made a part of the\nrecord in this case.\n(3) The record of charges and disposition thereof, including reasons for amending the\ncharges, shall be transmitted by the court to the Ju stice and Public Safety Cabinet\nfor inclusion in the centralized criminal history record information system under\nKRS 17.150.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=6501","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"f732a03fe539b2ab18fd98540b55f6d0a05c4be814b00461635492def90fee76","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.110","next":"us-ky/krs-189a.130"},"notice":"GroundRules: Original legal text. Not legal advice."}