AN ACT relating to driving under the influence.

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AN ACT relating to driving under the influence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 189A.010 is amended to read as follows: 3
(1) A person shall not operate or be in physical control of a motor vehicle anywhere in 4
this state: 5
(a) Having an alcohol concentration of 0.08 or more as measured by a 6
scientifically reliable test or tests of a sample of the person's breath or blood 7
taken within two (2) hours of cessation of operation or physical control of a 8
motor vehicle; 9
(b) While under the influence of alcohol; 10
(c) While under the influence of any other substance or combination of 11
substances which impairs one's driving ability; 12
(d) While the presence of a controlled substance listed in subsection (12) of this 13
section is detected in the blood, as measured by a scientifically reliable test, or 14
tests, taken within two (2) hours of cessation of operation or physical control 15
of a motor vehicle; 16
(e) While under the combined influence of alcohol and any other substance which 17
impairs one's driving ability; or 18
(f) Having an al cohol concentration of 0.02 or more as measured by a 19
scientifically reliable test or tests of a sample of the person's breath or blood 20
taken within two (2) hours of cessation of operation or physical control of a 21
motor vehicle, if the person is under the age of twenty-one (21). 22
(2) With the exception of the results of the tests administered pursuant to KRS 23
189A.103(7): 24
(a) If the sample of the person's blood or breath that is used to determine the 25
alcohol concentration thereof was obtained more than two (2) hours after 26
cessation of operation or physical control of a motor vehicle, the results of the 27
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test or tests shall be inadmissible as evidence in a prosecution under 1
subsection (1)(a) or (f) of this section. The results of the test or tests, however, 2
may b e admissible in a prosecution under subsection (1)(b) or (e) of this 3
section; or 4
(b) If the sample of the person's blood that is used to determine the presence of a 5
controlled substance was obtained more than two (2) hours after cessation of 6
operation or physical control of a motor vehicle, the results of the test or tests 7
shall be inadmissible as evidence in a prosecution under subsection (1)(d) of 8
this section. The results of the test or tests, however, may be admissible in a 9
prosecution under subsection (1)(c) or (e) of this section. 10
(3) In any prosecution for a violation of subsection (1)(b) or (e) of this section in which 11
the defendant is charged with having operated or been in physical control of a 12
motor vehicle while under the influence of alcohol, th e alcohol concentration in the 13
defendant's blood as determined at the time of making analysis of his or her blood 14
or breath shall give rise to the following presumptions: 15
(a) If there was an alcohol concentration of less than 0.04 [ based upon the 16
definition of alcohol concentration in KRS 189A.005] , it shall be presumed 17
that the defendant was not under the influence of alcohol; and 18
(b) If there was an alcohol concentration of 0.04 or greater but less than 0.08 [ 19
based upon the definition of alcohol concentra tion in KRS 189A.005] , that 20
fact shall not constitute a presumption that the defendant either was or was not 21
under the influence of alcohol, but that fact may be considered, together with 22
other competent evidence, in determining the guilt or innocence of t he 23
defendant. 24
The provisions of this subsection shall not be construed as limiting the introduction 25
of any other competent evidence bearing upon the questions of whether the 26
defendant was under the influence of alcohol or other substances, in any 27
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prosecution for a violation of subsection (1)(b) or (e) of this section. 1
(4) (a) Except as provided in paragraph (b) of this subsection, the fact that any person 2
charged with violation of subsection (1) of this section is legally entitled to 3
use any substance, inc luding alcohol, shall not constitute a defense against 4
any charge of violation of subsection (1) of this section. 5
(b) A laboratory test or tests for a controlled substance shall be inadmissible as 6
evidence in a prosecution under subsection (1)(d) of this s ection upon a 7
finding by the court that the defendant consumed the substance under a valid 8
prescription from a practitioner, as defined in KRS 218A.010, acting in the 9
course of his or her professional practice. However, a laboratory test for a 10
controlled s ubstance may be admissible as evidence in a prosecution under 11
subsection (1)(c) or (e) of this section. 12
(5) Any person who violates the provisions of paragraph (a), (b), (c), (d), or (e) of 13
subsection (1) of this section shall: 14
(a) For the first offense wi thin a ten (10) year period, be fined not less than two 15
hundred dollars ($200) nor more than five hundred dollars ($500), or be 16
imprisoned in the county jail for not less than forty -eight (48) hours nor more 17
than thirty (30) days, or both. Following senten cing, the defendant may apply 18
to the judge for permission to enter a community labor program for not less 19
than forty -eight (48) hours nor more than thirty (30) days in lieu of fine or 20
imprisonment, or both. If any of the aggravating circumstances listed in 21
subsection (11) of this section are present while the person was operating or in 22
physical control of a motor vehicle, the mandatory minimum term of 23
imprisonment shall be four (4) days, which term shall not be suspended, 24
probated, conditionally discharged, or subject to any other form of early 25
release; 26
(b) For the second offense within a ten (10) year period, be fined not less than 27
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three hundred fifty dollars ($350) nor more than five hundred dollars ($500) 1
and shall be imprisoned in the county jail for not less than seven (7) days nor 2
more than six (6) months and, in addition to fine and imprisonment, may be 3
sentenced to community labor for not less than ten (10) days nor more than 4
six (6) months. If any of the aggravating circumstances listed in subsection 5
(11) of this section are present, the mandatory minimum term of 6
imprisonment shall be fourteen (14) days, which term shall not be suspended, 7
probated, conditionally discharged, or subject to any other form of early 8
release; 9
(c) For a third offense within a ten (10) year period, be fined not less than five 10
hundred dollars ($500) nor more than one thousand dollars ($1,000) and shall 11
be imprisoned in the county jail for not less than thirty (30) days nor more 12
than twelve (12) months and may, in addition to fi ne and imprisonment, be 13
sentenced to community labor for not less than thirty (30) days nor more than 14
twelve (12) months. If any of the aggravating circumstances listed in 15
subsection (11) of this section are present, the mandatory minimum term of 16
imprisonment shall be sixty (60) days, which term shall not be suspended, 17
probated, conditionally discharged, or subject to any other form of early 18
release; 19
(d) For a fourth or subsequent offense within a ten (10) year period, be guilty of a 20
Class D felony. If any of the aggravating circumstances listed in subsection 21
(11) of this section are present, the mandatory minimum term of 22
imprisonment shall be two hundred forty (240) days, which term shall not be 23
suspended, probated, conditionally discharged, or subject to a ny other form of 24
release; and 25
(e) For purposes of this subsection, prior offenses shall include all convictions in 26
this state, and any other state or jurisdiction, for operating or being in control 27
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of a motor vehicle while under the influence of alcohol or other substances 1
that impair one's driving ability, or any combination of alcohol and such 2
substances, or while having an unlawful alcohol concentration, or driving 3
while intoxicated, but shall not include convictions for violating subsection 4
(1)(f) of th is section. A court shall receive as proof of a prior conviction a 5
copy of that conviction, certified by the court ordering the conviction. 6
(6) (a) Any person who violates the provisions of subsection (1)(f) of this section 7
shall: 8
1. For the first offense, be fined no less than two hundred dollars 9
($200)[one hundred dollars ($100)] and no more than five hundred 10
dollars ($500), or sentenced to twenty (20) hours of community service 11
in lieu of a fine; 12
2. For the second offense, be fined no less than three hun dred fifty 13
dollars ($350) and no more than five hundred dollars ($500) and shall 14
be sentenced to twenty (20) hours of community service; and 15
3. For the third or subsequent offense, be fined no less than five hundred 16
dollars ($500) and no more than one thou sand dollars ($1,000) and 17
shall be sentenced to forty (40) hours of community service. 18
(b) A person subject to the penalties of this subsection shall not be subject to the 19
penalties established in subsection (5) of this section or any other penalty 20
established pursuant to KRS Chapter 189A, except those established in KRS 21
189A.040(1) and KRS 189A.070. 22
(7) If the person is under the age of twenty -one (21) and there was an alcohol 23
concentration of 0.08 or greater[ based on the definition of alcohol concentrati on in 24
KRS 189A.005], the person shall be subject to the penalties established pursuant to 25
subsection (5) of this section. 26
(8) (a) For a second or third offense under subsection (5) of this section within a ten 27
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(10) year period, the minimum sentence of impr isonment or community labor 1
shall not be suspended, probated, or subject to conditional discharge or other 2
form of early release. 3
(b) For a fourth or subsequent offense under subsection (5) of this section, the 4
minimum term of imprisonment shall be one hundred twenty (120) days, and 5
this term shall not be suspended, probated, or subject to conditional discharge 6
or other form of early release. 7
(c) For a second or subsequent offense under subsect ion (5) of this section , at 8
least forty -eight (48) hours of the mandatory sentence shall be served 9
consecutively. 10
(9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of 11
the penalties shall be assessed and that penalty shal l not be suspended, probated, or 12
subject to conditional discharge or other form of early release. 13
(10) In determining the ten (10) year period under this section, the period shall be 14
measured from the dates on which the offenses occurred for which the judgments of 15
conviction were entered. 16
(11) For purposes of this section, aggravating circumstances are any one (1) or more of 17
the following: 18
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the 19
speed limit; 20
(b) Operating a motor vehicle in the wrong direction on a limited access highway; 21
(c) Operating a motor vehicle that causes an accident resulting in death or serious 22
physical injury as defined in KRS 500.080; 23
(d) Operating a motor vehicle while the alcohol concentration in the oper ator's 24
blood or breath is 0.15 or more as measured by a test or tests of a sample of 25
the operator's blood or breath taken within two (2) hours of cessation of 26
operation of the motor vehicle; 27
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(e) Refusing to submit to any test or tests of one's blood, breat h, or urine 1
requested by an officer having reasonable grounds to believe the person was 2
operating or in physical control of a motor vehicle in violation of subsection 3
(1) of this section, except it shall not be considered an aggravating 4
circumstance for a first offense under subsection (5)(a) of this section; and 5
(f) Operating a motor vehicle that is transporting a passenger under the age of 6
twelve (12) years old. 7
(12) The substances applicable to a prosecution under subsection (1)(d) of this section 8
are: 9
(a) Any Schedule I controlled substance except marijuana; 10
(b) Alprazolam; 11
(c) Amphetamine; 12
(d) Buprenorphine; 13
(e) Butalbital; 14
(f) Carisoprodol; 15
(g) Cocaine; 16
(h) Diazepam; 17
(i) Hydrocodone; 18
(j) Meprobamate; 19
(k) Methadone; 20
(l) Methamphetamine; 21
(m) Oxycodone; 22
(n) Promethazine; 23
(o) Propoxyphene; and 24
(p) Zolpidem. 25
Section 2. KRS 189A.070 is amended to read as follows: 26
(1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the 27
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penalties specified in KRS 189A.010, the Transportation Cabinet shall 1
suspend a person's license to operate a motor vehicle or motorcycle 2
upon conviction of KRS 189A.010(1). 3
2. Upon co nviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the 4
Transportation Cabinet shall suspend a person's license to operate a 5
motor vehicle or motorcycle as follows: 6
a. For the first offense within a ten (10) year period: 7
i. For a person who is issued an ignition interlock license under 8
KRS 189A.340 and who meets the ninety (90) consecutive 9
day requirement within the first four (4) months of the 10
issuance of the ignition interlock license, four (4) months; 11
ii. For a person who is issued an ignition interlock license under 12
KRS 189A.340 but does not meet the ninety (90) 13
consecutive day requirement within the first four (4) months 14
of the issuance of the ignition interlock license, until the 15
person meets the ninety (90) consecutive day requirement or 16
six (6) months, whichever is shorter; or 17
iii. For all others, six (6) months; 18
b. For the second offense within a ten (10) year period: 19
i. For a person who is issued an ignition interlock license under 20
KRS 189A.340 and who meets the one hundred twenty (120) 21
consecutive day requirement within the first twelve (12) 22
months of the issuance of the ignition interlock license, 23
twelve (12) months; 24
ii. For a person who is issued an ignition interlock license under 25
KRS 189A.340 but does not meet the one hundred twenty 26
(120) con secutive day requirement within the first twelve 27
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(12) months of the issuance of the ignition interlock license, 1
until the person meets the one hundred twenty (120) 2
consecutive day requirement or eighteen (18) months, 3
whichever is shorter; or 4
iii. For all others, eighteen (18) months; 5
c. For a third offense within a ten (10) year period: 6
i. For a person who is issued an ignition interlock license under 7
KRS 189A.340 and who meets the one hundred twenty (120) 8
consecutive day requirement within the first eighte en (18) 9
months of the issuance of the ignition interlock license, 10
eighteen (18) months; 11
ii. For a person who is issued an ignition interlock license under 12
KRS 189A.340 but does not meet the one hundred twenty 13
(120) consecutive day requirement within the fi rst eighteen 14
(18) months of the issuance of the ignition interlock license, 15
until the person meets the one hundred twenty (120) 16
consecutive day requirement or thirty -six (36) months, 17
whichever is shorter; or 18
iii. For all others, thirty-six (36) months; 19
d. For a fourth or subsequent offense within a ten (10) year period: 20
i. For a person who is issued an ignition interlock license under 21
KRS 189A.340 and who meets the one hundred twenty (120) 22
consecutive day requirement within the first thirty (30) 23
months of the issuance of the ignition interlock license, thirty 24
(30) months; 25
ii. For a person who is issued an ignition interlock license under 26
KRS 189A.340 but does not meet the one hundred twenty 27
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(120) consecutive day requirement within the first thirty (30) 1
months of the issuance of the ignition interlock license, until 2
the person meets the one hundred twenty (120) consecutive 3
day requirement or sixty (60) months, whichever is shorter; 4
or 5
iii. For all others, sixty (60) months; 6
e. If the conviction records transmi tted to the Transportation Cabinet 7
pursuant to subsection (3) of this section show that a person was 8
convicted of a: 9
i. First offense of KRS 189A.010, the person's license shall be 10
suspended as provided in subdivision a. of this subparagraph; 11
ii. Second offense of KRS 189A.010, the person's license shall 12
be suspended as provided in subdivision b. of this 13
subparagraph; 14
iii. Third offense of KRS 189A.010, the person's license shall be 15
suspended as provided in subdivision c. of this subparagraph; 16
and 17
iv. Fourth or subsequent offense of KRS 189A.010, the person's 18
license shall be suspended as provided in subdivision d. of 19
this subparagraph; and 20
f. The license suspension shall be deemed effective on the date of 21
entry of the court's order or judgement for a conviction of KRS 22
189A.010. 23
3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet 24
shall suspend a person's license to operate a motor vehicle or motorcycle 25
as follows: 26
a. For the first offense: 27
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i. For a person who is issued an ignition interlock license under 1
KRS 189A.340 and who meets the ninety (90) consecutive 2
day requirement within the first four (4) months of the 3
issuance of the ignition interlock license, four (4) months; 4
ii.[b.] For a person who is issued an ignition interlock license under 5
KRS 189A.340 but does not meet the ninety (90) 6
consecutive day requirement within the first four (4) months 7
of the issuance of the ignition interlock license, until the 8
person meets the ninety (90) consecutive day requirement or 9
six (6) months, whichever is shorter; or 10
ii.[c.] For all others, six (6) months; 11
b. For the second offense: 12
i. For a person who is issued an ignition interlock license 13
under KRS 189A.340 and who meets the one hundred 14
twenty (120) consecutive day requirement within the first 15
twelve (12) months of the issuance of the ignition interlock 16
license, twelve (12) months; 17
ii. For a person who is issued an ignition interlock licen se 18
under KRS 189A.340 but does not meet the one hundred 19
twenty (120) consecutive day requirement within the first 20
twelve (12) months of the issuance of the ignition interlock 21
license, until the person meets the one hundred twenty 22
(120) consecutive day requirement or eighteen (18) months, 23
whichever is shorter; or 24
iii. For all others, eighteen (18) months; 25
c. For a third offense or subsequent offense: 26
i. For a person who is issued an ignition interlock license 27
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under KRS 189A.340 and who meets the one hundred 1
twenty (120) consecutive day requirement within the first 2
eighteen (18) months of the issuance of the ignition 3
interlock license, eighteen (18) months; 4
ii. For a person who is issued an ignition interlock license 5
under KRS 189A.340 but does not meet the on e hundred 6
twenty (120) consecutive day requirement within the first 7
eighteen (18) months of the issuance of the ignition 8
interlock license, until the person meets the one hundred 9
twenty (120) consecutive day requirement or thirty -six (36) 10
months, whichever is shorter; or 11
iii. For all others, thirty-six (36) months. 12
4. For purposes of this paragraph, "ninety (90) consecutive day 13
requirement" and "one hundred twenty (120) consecutive day 14
requirement" mean the requirements established in KRS 15
189A.340(4)(b)2. 16
(b) For a person under the age of eighteen (18), in addition to the penalties 17
specified in KRS 189A.010, the Transportation Cabinet shall suspend the 18
person's license to operate a motor vehicle or motorcycle upon conviction of 19
KRS 189A.010(1). The person shall have his or her license suspended until he 20
or she reaches the age of eighteen (18) or as provided in paragraph (a) of this 21
subsection, whichever penalty will result in the longer period of suspension. 22
(2) In addition to the period of license suspension set forth in subsection (1) of this 23
section, no person shall be eligible for reinstatement of his or her full privilege to 24
operate a motor vehicle or motorcycle until he or she has completed the alcohol or 25
substance abuse education or treatment program or dered pursuant to KRS 26
189A.040. 27
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(3) Upon conviction of KRS 189A.010(1): 1
(a) A person shall surrender his or her license to operate a motor vehicle or 2
motorcycle to the court. Should the person fail to surrender his or her license 3
to the court, the court sh all issue an order directing the sheriff or any other 4
peace officer to seize the license [forthwith ]and deliver it to the court. The 5
court shall then forward the license to the Transportation Cabinet. This 6
paragraph shall not apply to a person who has pre viously surrendered his or 7
her license pursuant to KRS 189A.200; and 8
(b) The court shall immediately transmit the conviction records and other 9
appropriate information to the Transportation Cabinet. A court shall not waive 10
or stay this procedure. 11
(4) In det ermining the ten (10) year period under this section, the period shall be 12
measured from the dates on which the offenses occurred for which the judgments of 13
conviction were entered. 14
Section 3. KRS 189A.340 is amended to read as follows: 15
(1) (a) If a person's license is suspended pursuant to this chapter and the initial 16
suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole 17
license the person shall be eligible for is an ignition interlock license pursuant 18
to this section. 19
(b) If a person's license is suspended pursuant to this chapter and the initial 20
suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall 21
be eligible for an ignition interlock license pursuant to this section and may be 22
eligible for a hardship license pursuant to KRS 189A.410. 23
(2) (a) A person may apply for an ignition interlock license anytime, including after 24
receiving the notices under KRS 189A.105 or after his or her license has been 25
suspended pursuant to this chapter. 26
(b) If at the time the person applies for an ignition interlock license, the person's 27
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license has been suspended pursuant to this chapter, the person shall be 1
authorized to drive to: 2
1. An ignition interlock device provider to have a functioning ignition 3
interlock device installed in his or her motor vehicle or motorcycle; and 4
2. The Transportation Cabinet to obtain an ignition interlock license; 5
This paragraph shall only apply within fourteen (14) days of the date printed 6
on the ignition interlock approval letter issued by the Transportation Cabinet 7
and if the person has the ignition interlock approval letter in the motor vehicle 8
or motorcycle. 9
(3) Before the Transportation Cabinet shall issue an ignition interlock license, the 10
person shall: 11
(a) Submit an application for an ignition interlock license; 12
(b) Provide proof of motor vehicle insurance; 13
(c) Provide an ignition interlock certificate of installation issued by an ignition 14
interlock device provider; and 15
(d) Provide any other information required by administrative regulations 16
promulgated by the Transportation Cabinet under KRS 189A.350. 17
(4) An ignition interlock license shall restrict the person to operating only a motor 18
vehicle or motorcycle equipped with a functioning ignition interlock device, unless 19
the person qualifies for an employer exemption under subsection (6) of this section. 20
This restriction shall remain in place for: 21
(a) If a person's license was suspended pretrial pursuant to KRS 189A.200, the 22
required suspension period under KRS 189A.200(6); 23
(b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107: 24
1. The required suspension period under KRS 189A.070(1); and 25
2. a. If the maximum suspension period under KRS 189A.070(1)(a) has 26
not yet been met, until the Transportation Cabinet has received a 27
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declaration from the person's ignition inter lock device provider, in 1
a form provided or approved by the cabinet, certifying that none of 2
the violations outlined in subdivision b. of this subparagraph has 3
occurred: 4
i. For a first offense within a ten (10) year period of KRS 5
189A.010(1)(a), (b), (c), (d), or (e) or for the first [any] 6
offense of KRS 189A.010(1)(f), in the ninety (90) 7
consecutive days; and 8
ii. For all subsequent offenses within a ten (10) year period of 9
KRS 189A.010(1)(a), (b), (c), (d), or (e) or for all 10
subsequent offenses of subsection (1)(f) of Section 1 of this 11
Act, one hundred twenty (120) consecutive days; 12
prior to the date of releasing the ignition interlock device 13
restriction. 14
b. If any of the following occur, it shall be a violation of the ninety 15
(90) or one hundred twenty (120) consecutive day requirement: 16
i. Failure to take any random breath alcohol concentration test 17
unless a review of the digital image confirms that the motor 18
vehicle or motorcycle was not occupied by a driver at the 19
time of the missed test; 20
ii. Failure to pa ss any random retest with a breath alcohol 21
concentration of 0.02 or lower unless a subsequent test 22
performed within ten (10) minutes registers a breath alcohol 23
concentration lower than 0.02, and the digital image 24
confirms the same person provided both samples; 25
iii. Failure of the person, or his or her designee, to appear at the 26
ignition interlock device provider when required for 27
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maintenance, repair, calibration, monitoring, inspection, or 1
replacement of the device; 2
iv. Failure of the person to pay fees est ablished pursuant to 3
subsection (7) of this section; 4
v. Tampering with an installed ignition interlock device with 5
the intent of rendering it defective; or 6
vi. Altering, concealing, hiding, or attempting to alter, conceal, 7
or hide, the person's identity from the ignition interlock 8
device's camera while providing a breath sample; 9
(c) If a person's license was suspended pursuant to KRS 189A.090, for the 10
required suspension period under KRS 189A.090(2); or 11
(d) If a person's license suspension was extended pursuant to KRS 189A.345, the 12
required suspension period under KRS 189A.345(1). 13
(5) (a) The time period a person: 14
1. Holds a valid ignition interlock license pursuant to this section; or 15
2. Receives alcohol or substance abuse treatment in an inpatient residential 16
facility; 17
shall apply on a day -for-day basis toward satisfying the suspension periods 18
detailed in subsection (4) of this section. 19
(b) Except as provided in paragraph (c) of this subsection, the Transportation 20
Cabinet shall give the person a day -for-day credit for any time period the 21
person: 22
1. Held a valid ignition interlock license; or 23
2. Received alcohol or substance abuse treatment in an inpatient residential 24
facility. 25
(c) A person shall not receive day -for-day credit for days the person utilized the 26
employer exemption in accordance with subsection (6) of this section and 27
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drove an employer's motor vehicle or motorcycle not equipped with a 1
functioning ignition interlock device. 2
(6) (a) A person with an ignition interlock license may operate a motor vehicle or 3
motorcycle not equipped with a functioning ignition interlock device if: 4
1. The person is required to operate an employer's motor vehicle or 5
motorcycle in the course and scope of employment; and 6
2. The business entity that owns the motor vehicle or motorcycle is not 7
owned or controlled by the person. 8
(b) To qualify for the employer exemption, the person shall provide the 9
Transportation Cabinet with a swo rn statement from his or her employer 10
stating that the person and business entity meet the requirements of paragraph 11
(a) of this subsection. 12
(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock 13
device provider may charge the following fees: 14
1. An installation fee for an alternative fuel vehicle or a vehicle with a 15
push button starter not to exceed one hundred thirty dollars ($130), an 16
installation fee for all other vehicles not to exceed one hundred dollars 17
($100); 18
2. A monthly fee not to exceed one hundred dollars ($100); 19
3. A removal fee not to exceed thirty dollars ($30); 20
4. A reset fee not to exceed fifty dollars ($50); or 21
5. A missed appointment fee not to exceed thirty-five dollars ($35). 22
(b) A person who is issued an i gnition interlock license shall pay fees as 23
established in his or her lease agreement with the ignition interlock device 24
provider for any ignition interlock device installed in his or her motor vehicle 25
or motorcycle. However, the fees shall never be more t han allowed under 26
paragraph (a) of this subsection and are subject to paragraph (c) of this 27
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subsection. 1
(c) Any person who has an income: 2
1. At or below two hundred percent (200%) but above one hundred fifty 3
percent (150%) of the federal poverty guidelines , shall pay only 4
seventy-five percent (75%) of fees established pursuant to paragraph (a) 5
of this subsection; 6
2. At or below one hundred fifty percent (150%) but above one hundred 7
percent (100%) of the federal poverty guidelines, shall pay only fifty 8
percent (50%) of fees established pursuant to paragraph (a) of this 9
subsection; or 10
3. At or below one hundred percent (100%) of the federal poverty 11
guidelines, shall pay only twenty -five percent (25%) of fees established 12
pursuant to paragraph (a) of this subsection; 13
As used in this paragraph, "federal poverty guidelines" has the same meaning 14
as in KRS 205.5621. The Transportation Cabinet shall determine the person's 15
income and where that income places the person on the federal poverty 16
guidelines. 17
(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state 18
or local government shall be responsible for payment of any costs associated 19
with an ignition interlock device. 20
(8) For a person issued an ignition interlock license under this section who is residing 21
outside of Kentucky, the Transportation Cabinet may accept an ignition interlock 22
certificate of installation from an ignition interlock device provider authorized to do 23
business in the state where the person resides if the ignition interlock device meets 24
the requirements of that state. 25