{"data":{"id":"us-ky/krs-189a.200","jurisdiction":"us-ky","citation":"KRS 189A.200","heading":"Pretrial suspension of license of person charged with driving under the","body":"influence for refusing to take test, for being a repeat offender, and for causing\naccident resulting in death or serious physical injury to another person --\nHearing -- Length of suspension -- When application for ignition interlock\nlicense required.\n(1) The court shall at the arraignment or as soon as such relevant information becomes\navailable suspend the motor vehicle operator's license and motorcycle operator's\nlicense and driving privileges of any person charged with a violation of KRS\n189A.010(1) who:\n(a) Has refused to take an alcohol concentration or substance test as reflected on\nthe uniform citation form;\n(b) Has been convicted of one (1) or more prior offenses a s described in KRS\n189A.010(5)(e) or has had his or her operator's license suspended on one (1)\nor more occasions for refusing to take an alcohol concentration or substance\ntest, in the ten (10) year period immediately preceding his or her arrest; or\n(c) Was involved in an accident that resulted in death or serious physical injury as\ndefined in KRS 500.080 to a person other than the defendant.\n(2) Persons whose licenses have been suspended pursuant to this section may file a\nmotion for judicial review of th e suspension, and the court shall conduct the review\nin accordance with this chapter within thirty (30) days after the filing of the motion.\nThe court shall, at the time of the suspension, advise the defendant of his rights to\nthe review.\n(3) When the court orders the suspension of a license pursuant to:\n(a) Subsection (1)(a) of this section, the court may, in addition to any other\nconditions the court may order, require that the person apply to the\nTransportation Cabinet for issuance of an ignition interlo ck license under\nKRS 189A.340 for the period of the suspension;\n(b) Subsection (1)(b) or (c) of this section, the court shall, in addition to any other\nconditions the court may order, require that the person apply to the\nTransportation Cabinet for issuance  of an ignition interlock license under\nKRS 189A.340 for the period of suspension; and\n(c) Subsection (1) of this section and the person is required to apply for an\nignition interlock license pursuant to paragraph (a) or (b) of this subsection,\nthe person shall present the completed ignition interlock license application to\nthe court.\n(4) When the court orders the suspension of a license pursuant to this section, the\ndefendant shall immediately surrender his or her license to operate a motor vehicle\nor motorcycle to the court. Should the defendant fail to surrender his or her license\nto the court, the court shall issue an order directing the sheriff or any other peace\nofficer to seize the license forthwith and deliver it to the court. If the license is\ncurrently under suspension, the provisions of this subsection shall not apply.\n(5) The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet:\n(a) Any license surrendered pursuant to this section; and\n(b) If the court ordered a person to app ly for an ignition interlock device under\nsubsection (3) of this section, notification of the order.\n(6) Licenses suspended under this section shall remain suspended until:\n(a) The person is acquitted;\n(b) All pending or current charges relating to a violation of KRS 189A.010\nhave been dismissed; or\n(c) The person is convicted and the Transportation Cabinet has suspended\nhis or her license pursuant to KRS 189A.070;\nbut in no event for a period longer than t he license suspension period\napplicable to the person under KRS 189A.070 or 189A.107.\n(7) Any person whose operator's license has been suspended pursuant to this section\nshall be given credit for all pretrial suspension time against the period of suspension\nimposed under KRS 189A.070.","path":["KRS Chapter 189A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49572","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:44Z","sha256":"46bb73c80e435f4d3c3faea0b034f9009ac717b695335f06e0d9f5f4e8ec2cb1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-189a.130","next":"us-ky/krs-189a.210"},"notice":"GroundRules: Original legal text. Not legal advice."}