AN ACT relating to driving under the influence.

UNOFFICIAL COPY 26 RS BR 2473
Page 1 of 25
XXXX 3/2/2026 6:49 PM Jacketed
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
UNOFFICIAL COPY 26 RS BR 2473
Page 2 of 25
XXXX 3/2/2026 6:49 PM Jacketed
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 25
introduction of any other competent evidence bearing upon the questions of 26
whether the defendant was under the influence of alcohol or other substances, in 27
UNOFFICIAL COPY 26 RS BR 2473
Page 3 of 25
XXXX 3/2/2026 6:49 PM Jacketed
any 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, i ncluding 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 section 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 substance 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 within 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 sent encing, 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 discharge d, 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
UNOFFICIAL COPY 26 RS BR 2473
Page 4 of 25
XXXX 3/2/2026 6:49 PM Jacketed
three hundred fifty dollars ($350) nor more than five hundred dollars ($500) 1
and shall be imprisoned in the county jail for n ot 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 subsecti on 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 with in 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 fine 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 third[fourth] or subsequent offense within a ten (10) year period, be 20
guilty of a Class D felo ny. If any of the aggravating circumstances listed in 21
subsection (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 any other form of 24
release; and 25
(d)[(e)] For purposes of this subsection, prior offenses shall include all 26
convictions in this state, and any other state or jurisdiction, for operating or 27
UNOFFICIAL COPY 26 RS BR 2473
Page 5 of 25
XXXX 3/2/2026 6:49 PM Jacketed
being in control of a motor vehicle while under the influen ce of alcohol or 1
other substances that impair one's driving ability, or any combination of 2
alcohol and such substances, or while having an unlawful alcohol 3
concentration, or driving while intoxicated, but shall not include convictions 4
for violating subsection (1)(f) of this section. A court shall receive as proof of 5
a prior conviction a copy of that conviction, certified by the court ordering the 6
conviction. 7
(6) (a) Any person who violates the provisions of subsection (1)(f) of this section 8
shall: 9
1. For th e first offense, be fined no less than two hundred dollars 10
($200)[one hundred dollars ($100)] and no more than five hundred 11
dollars ($500), or sentenced to twenty (20) hours of community service 12
in lieu of a fine;[.] 13
2. For the second offense, be fined no less than three hundred fifty 14
dollars ($350) and no more than five hundred dollars ($500) and shall 15
be sentenced to twenty (20) hours of community service; and 16
3. For the third or subsequent offense, be fined no less than five hundred 17
dollars ($500) and no more than one thousand dollars ($1,000) and 18
shall be sentenced to forty (40) hours of community service. 19
(b) A person subject to the penalties of this subsection shall not be subject to the 20
penalties established in subsection (5) of this section or any ot her penalty 21
established pursuant to KRS Chapter 189A, except those established in KRS 22
189A.040(1) and [KRS ]189A.070. 23
(7) If the person is under the age of twenty -one (21) and there was an alcohol 24
concentration of 0.08 or greater[ based on the definition o f alcohol concentration in 25
KRS 189A.005], the person shall be subject to the penalties established pursuant to 26
subsection (5) of this section. 27
UNOFFICIAL COPY 26 RS BR 2473
Page 6 of 25
XXXX 3/2/2026 6:49 PM Jacketed
(8) (a) For a second or third offense under subsection (5) of this section within a ten 1
(10) year period, the min imum sentence of imprisonment or community labor 2
shall not be suspended, probated, or subject to conditional discharge or other 3
form of early release. 4
(b) For a third[fourth] or subsequent offense under subsection (5) of this section, 5
the minimum term of imprisonment shall be one hundred twenty (120) days, 6
and this term shall not be suspended, probated, or subject to conditional 7
discharge or other form of early release. 8
(c) For a second or subsequent offense under subsect ion (5) of this section , at 9
least forty -eight (48) hours of the mandatory sentence shall be served 10
consecutively. 11
(9) When sentencing persons under subsection (5)(a) of this section, at least one (1) of 12
the penalties shall be assessed and that penalty shal l not be suspended, probated, or 13
subject to conditional discharge or other form of early release. 14
(10) In determining the ten (10) year period under this section, the period shall be 15
measured from the dates on which the offenses occurred for which the judgments of 16
conviction were entered. 17
(11) For purposes of this section, aggravating circumstances are any one (1) or more of 18
the following: 19
(a) Operating a motor vehicle in excess of thirty (30) miles per hour above the 20
speed limit; 21
(b) Operating a motor vehicle in the wrong direction on a limited access highway; 22
(c) Operating a motor vehicle that causes an accident resulting in death or serious 23
physical injury as defined in KRS 500.080; 24
(d) Operating a motor vehicle while the alcohol concentration in the oper ator's 25
blood or breath is 0.15 or more as measured by a test or tests of a sample of 26
the operator's blood or breath taken within two (2) hours of cessation of 27
UNOFFICIAL COPY 26 RS BR 2473
Page 7 of 25
XXXX 3/2/2026 6:49 PM Jacketed
operation of the motor vehicle; 1
(e) Refusing to submit to any test or tests of one's blood, breat h, or urine 2
requested by an officer having reasonable grounds to believe the person was 3
operating or in physical control of a motor vehicle in violation of subsection 4
(1) of this section, except it shall not be considered an aggravating 5
circumstance for a first offense under subsection (5)(a) of this section; and 6
(f) Operating a motor vehicle that is transporting a passenger under the age of 7
twelve (12) years old. 8
(12) The substances applicable to a prosecution under subsection (1)(d) of this section 9
are: 10
(a) Any Schedule I controlled substance except marijuana; 11
(b) Alprazolam; 12
(c) Amphetamine; 13
(d) Buprenorphine; 14
(e) Butalbital; 15
(f) Carisoprodol; 16
(g) Cocaine; 17
(h) Diazepam; 18
(i) Hydrocodone; 19
(j) Meprobamate; 20
(k) Methadone; 21
(l) Methamphetamine; 22
(m) Oxycodone; 23
(n) Promethazine; 24
(o) Propoxyphene; and 25
(p) Zolpidem. 26
Section 2. KRS 189A.070 is amended to read as follows: 27
UNOFFICIAL COPY 26 RS BR 2473
Page 8 of 25
XXXX 3/2/2026 6:49 PM Jacketed
(1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the 1
penalties specified in KRS 189A.010, the Transportation Cabinet shall 2
suspend a person's license to operate a motor vehicle or motorcycle 3
upon conviction of KRS 189A.010(1). 4
2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the 5
Transportation Cabinet shall suspend a person's license to operate a 6
motor vehicle or motorcycle as follows: 7
a. For the first offense within a ten (10) year period: 8
i. For a person who is issued an ignition interlock license under 9
KRS 189A.340 and who meets the ninety (90) consecutive 10
day requirement within the first four (4) months of the 11
issuance of the ignition interlock license, four (4) months; 12
ii. For a person who is issued an ignition interlock license under 13
KRS 189A.340 but does not meet the ninety (90) 14
consecutive day requirement within the first four (4) months 15
of the issuance of the ignition interlock license, until the 16
person meets the ninety (90) consecutive day requirement or 17
six (6) months, whichever is shorter; or 18
iii. For all others, six (6) months; 19
b. For the second 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 twelve (12) 23
months of the issuance of the ignition interlock license, 24
twelve (12) 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
UNOFFICIAL COPY 26 RS BR 2473
Page 9 of 25
XXXX 3/2/2026 6:49 PM Jacketed
(120) c onsecutive day requirement within the first twelve 1
(12) months of the issuance of the ignition interlock license, 2
until the person meets the one hundred twenty (120) 3
consecutive day requirement or eighteen (18) months, 4
whichever is shorter; or 5
iii. For all others, eighteen (18) months; 6
c. For a third 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 one hundred twenty (120) 9
consecutive day requirement within the first eigh teen (18) 10
months of the issuance of the ignition interlock license, 11
eighteen (18) months; 12
ii. For a person who is issued an ignition interlock license under 13
KRS 189A.340 but does not meet the one hundred twenty 14
(120) consecutive day requirement within the first eighteen 15
(18) months of the issuance of the ignition interlock license, 16
until the person meets the one hundred twenty (120) 17
consecutive day requirement or thirty -six (36) months, 18
whichever is shorter; or 19
iii. For all others, thirty-six (36) months; 20
d. For a fourth or subsequent offense within a ten (10) year period: 21
i. For a person who is issued an ignition interlock license under 22
KRS 189A.340 and who meets the one hundred twenty (120) 23
consecutive day requirement within the first thirty (30) 24
months of the issuance of the ignition interlock license, thirty 25
(30) months; 26
ii. For a person who is issued an ignition interlock license under 27
UNOFFICIAL COPY 26 RS BR 2473
Page 10 of 25
XXXX 3/2/2026 6:49 PM Jacketed
KRS 189A.340 but does not meet the one hundred twenty 1
(120) consecutive day requirement within the first thirty (30) 2
months of the issuance of the ignition interlock license, until 3
the person meets the one hundred twenty (120) consecutive 4
day requirement or sixty (60) months, whichever is shorter; 5
or 6
iii. For all others, sixty (60) months; 7
e. If the conviction records trans mitted to the Transportation Cabinet 8
pursuant to subsection (3) of this section show that a person was 9
convicted of a: 10
i. First offense of KRS 189A.010, the person's license shall be 11
suspended as provided in subdivision a. of this subparagraph; 12
ii. Second offense of KRS 189A.010, the person's license shall 13
be suspended as provided in subdivision b. of this 14
subparagraph; 15
iii. Third offense of KRS 189A.010, the person's license shall be 16
suspended as provided in subdivision c. of this subparagraph; 17
and 18
iv. Fourth or subsequent offense of KRS 189A.010, the person's 19
license shall be suspended as provided in subdivision d. of 20
this subparagraph; and 21
f. The license suspension shall be deemed effective on the date of 22
entry of the court's order or judgement for a conviction of KRS 23
189A.010. 24
3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet 25
shall suspend a person's license to operate a motor vehicle or motorcycle 26
as follows: 27
UNOFFICIAL COPY 26 RS BR 2473
Page 11 of 25
XXXX 3/2/2026 6:49 PM Jacketed
a. For the first offense: 1
i. For a person who is issued an ignition interlock license under 2
KRS 189A.340 and who meets the ninety (90) consecutive 3
day requirement within the first four (4) months of the 4
issuance of the ignition interlock license, four (4) months; 5
ii.[b.] For a person who is issued an ignition interlock license under 6
KRS 189A.340 but does not meet the ninety (90) 7
consecutive day requirement within the first four (4) months 8
of the issuance of the ignition interlock license, until the 9
person meets the ninety (90) consecutive day requirement or 10
six (6) months, whichever is shorter; or 11
iii.[c.] For all others, six (6) months; 12
b. For the second offense: 13
i. For a person who is issued an ignition interlock license 14
under Section 6 of this Act and who meets the one h undred 15
twenty (120) consecutive day requirement within the first 16
twelve (12) months of the issuance of the ignition interlock 17
license, twelve (12) months; 18
ii. For a person who is issued an ignition interlock license 19
under Section 6 of this Act but does not meet the one 20
hundred twenty (120) consecutive day requirement within 21
the first twelve (12) months of the issuance of the ignition 22
interlock license, until the person meets the one hundred 23
twenty (120) consecutive day requirement or eighteen (18) 24
months, whichever is shorter; or 25
iii. For all others, eighteen (18) months; and 26
c. For a third or subsequent offense: 27
UNOFFICIAL COPY 26 RS BR 2473
Page 12 of 25
XXXX 3/2/2026 6:49 PM Jacketed
i. For a person who is issued an ignition interlock license 1
under Section 6 of this Act and who meets the one hundred 2
twenty (120) consecutive day requirement within the first 3
eighteen (18) months of the issuance of the ignition 4
interlock license, eighteen (18) months; 5
ii. For a person who is issued an ignition interlock license 6
under Section 6 of this Act but does not meet the one 7
hundred twenty (12 0) consecutive day requirement within 8
the first eighteen (18) months of the issuance of the 9
ignition interlock license, until the person meets the one 10
hundred twenty (120) consecutive day requirement or 11
thirty-six (36) months, whichever is shorter; or 12
iii. For all others, thirty-six (36) months. 13
4. For purposes of this paragraph, "ninety (90) consecutive day 14
requirement" and "one hundred twenty (120) consecutive day 15
requirement" mean the requirements established in KRS 16
189A.340(4)(b)2. 17
(b) For a person unde r the age of eighteen (18), in addition to the penalties 18
specified in KRS 189A.010, the Transportation Cabinet shall suspend the 19
person's license to operate a motor vehicle or motorcycle upon conviction of 20
KRS 189A.010(1). The person shall have his or her license suspended until he 21
or she reaches the age of eighteen (18) or as provided in paragraph (a) of this 22
subsection, whichever penalty will result in the longer period of suspension. 23
(2) In addition to the period of license suspension set forth in subsec tion (1) of this 24
section, a[no] person shall not be eligible for reinstatement of his or her full 25
privilege to operate a motor vehicle or motorcycle until he or she has completed the 26
alcohol or substance abuse education or treatment program ordered pursuan t to 27
UNOFFICIAL COPY 26 RS BR 2473
Page 13 of 25
XXXX 3/2/2026 6:49 PM Jacketed
KRS 189A.040. 1
(3) Upon conviction of KRS 189A.010(1): 2
(a) A person shall surrender his or her license to operate a motor vehicle or 3
motorcycle to the court. Should the person fail to surrender his or her license 4
to the court, the court shall issue an order directing the sheriff or any other 5
peace officer to seize the license [forthwith ]and deliver it to the court. The 6
court shall then forward the license to the Transportation Cabinet. This 7
paragraph shall not apply to a person who has previously surre ndered his or 8
her license pursuant to KRS 189A.200; and 9
(b) The court shall immediately transmit the conviction records and other 10
appropriate information to the Transportation Cabinet. A court shall not waive 11
or stay this procedure. 12
(4) In determining the ten (10) year period under this section, the period shall be 13
measured from the dates on which the offenses occurred for which the judgments of 14
conviction were entered. 15
Section 3. KRS 189A.040 is amended to read as follows: 16
(1) In addition to any other penalty prescribed by KRS 189A.010(5)(a) or (6), the court 17
shall sentence the person to attend an alcohol or substance abuse education or 18
treatment program subject to the following terms and conditions for a first offender 19
or a person convicted under KRS 189A.010(1)(f): 20
(a) The treatment or education shall be for a period of ninety (90) days and the 21
program shall provide an assessment of the defendant's alcohol or other 22
substance abuse problems, which shall be performed at th e start of the 23
program; 24
(b) Each defendant shall pay the cost of the education or treatment program up to 25
his or her ability to pay but no more than the actual cost of the treatment; 26
(c) Upon written report to the court by the administrator of the program that the 27
UNOFFICIAL COPY 26 RS BR 2473
Page 14 of 25
XXXX 3/2/2026 6:49 PM Jacketed
defendant has completed the program recommended by the administrator 1
based upon the assessment of the defendant, the defendant shall be released 2
prior to the expiration of the ninety (90) day period; and 3
(d) Failure to complete the education or treatment program or to pay the amount 4
specified by the court for education or treatment shall constitute contempt, 5
and the court shall, in addition to any other remedy for contempt, reinst itute 6
all penalties which were previously imposed but suspended or delayed 7
pending completion of the education or treatment program. 8
(2) In addition to any other penalty prescribed by KRS 189A.010(5)(b), the court shall 9
sentence the person to an alcohol or substance abuse treatment program subject to 10
the following terms and conditions for a second offender: 11
(a) The sentence shall be for a period of one (1) year and the program shall 12
provide an assessment of the defendant's alcohol or other substance abuse 13
problems, which shall be performed at the start of the program; 14
(b) Each defendant shall pay the cost of the treatment program up to his or her 15
ability to pay but no more than the actual cost of the treatment; 16
(c) Upon written report to the court by the adm inistrator of the program that the 17
defendant has completed the program recommended by the administrator 18
based upon the assessment of the defendant, the defendant may be released 19
prior to the expiration of the one (1) year period; and 20
(d) Failure to complet e the treatment program or to pay the amount specified by 21
the court for treatment shall constitute contempt of court and the court shall, 22
in addition to any other remedy for contempt, reinstitute all penalties which 23
were previously imposed but suspended or delayed pending the completion of 24
the treatment program. 25
(3) In addition to any other penalty prescribed by KRS 189A.010(5)(c) [ or (d)] , the 26
court shall sentence the person to an alcohol or substance abuse treatment program 27
UNOFFICIAL COPY 26 RS BR 2473
Page 15 of 25
XXXX 3/2/2026 6:49 PM Jacketed
subject to the following terms and conditions for a third or subsequent offender: 1
(a) The sentence shall be for a period of one (1) year and the program shall 2
provide an assessment of the defendant's alcohol or other substance abuse 3
problems, which shall be performed at the start of the program. The program 4
may be an inpatient or residential-type program; 5
(b) Each defendant shall pay the cost of the treatment program up to his or her 6
ability to pay but no more than the actual cost of the program; 7
(c) A defendant, upon written recommendat ion to the court by the administrator 8
of the program, may be released from the inpatient or residential program 9
prior to the expiration of one (1) year but shall be retained in the program on 10
an outpatient basis for the remainder of the year period; and 11
(d) Failure to complete the treatment program or to pay the amount specified by 12
the court for treatment shall constitute contempt of court, and the court shall, 13
in addition to any other remedy for contempt, reinstitute all penalties which 14
were previously imposed but suspended or delayed pending completion of the 15
treatment program. 16
(4) Costs of treatment or education programs which are paid from the service fee 17
established by KRS 189A.050, or from state or federal funds, or any combination 18
thereof, shall be deducted from the amount which the defendant must pay. 19
(5) For defendants who are Medicaid -eligible, alcohol or substance abuse treatment 20
under this section shall be authorized by the Department for Medicaid Services and 21
its contractors as Medicaid -eligible services and shall be subject to the same 22
medical necessity criteria and reimbursement methodology as for all other covered 23
behavioral health services. 24
(6) As used in [For the purposes of] this section, "treatment" means service in an 25
alcohol or substance a buse education or treatment program or facility licensed, 26
regulated, and monitored by the Cabinet for Health and Family Services for 27
UNOFFICIAL COPY 26 RS BR 2473
Page 16 of 25
XXXX 3/2/2026 6:49 PM Jacketed
services as required under this section. 1
(7) The Cabinet for Health and Family Services shall promulgate administrative 2
regulations for the licensure of education and treatment facilities and programs for 3
offenders receiving education or treatment under this section. The criteria 4
developed by the Cabinet for Health and Family Services shall include: 5
(a) Manner of assessment; 6
(b) Appropriate education and treatment plans; and 7
(c) Referrals to other treatment providers. 8
(8) The participating facilities and programs shall be required to abide by these 9
standards and shall report completion to the Transportation Cabinet. Upon reques t, 10
the facility or program shall report to the courts regarding the progress of offenders 11
being treated pursuant to this section. 12
(9) Administrative decisions regarding the licensure of education and treatment 13
facilities and programs may be appealed, and upon appeal an administrative hearing 14
shall be conducted in accordance with KRS Chapter 13B. 15
Section 4. KRS 189A.200 is amended to read as follows: 16
(1) The court shall at the arraignment or as soon as [such ] relevant info rmation 17
becomes available suspend the motor vehicle operator's license and motorcycle 18
operator's license and driving privileges of any person charged with a violation of 19
KRS 189A.010(1) who: 20
(a) Has refused to take an alcohol concentration or substance tes t as reflected on 21
the uniform citation form; 22
(b) Has been convicted of one (1) or more prior offenses as described in KRS 23
189A.010(5)(d)[(e)] or has had his or her operator's license suspended on one 24
(1) or more occasions for refusing to take an alcohol co ncentration or 25
substance test, in the ten (10) year period immediately preceding his or her 26
arrest; or 27
UNOFFICIAL COPY 26 RS BR 2473
Page 17 of 25
XXXX 3/2/2026 6:49 PM Jacketed
(c) Was involved in an accident that resulted in death or serious physical injury as 1
defined in KRS 500.080 to a person other than the defendant. 2
(2) Persons whose licenses have been suspended pursuant to this section may file a 3
motion for judicial review of the suspension, and the court shall conduct the review 4
in accordance with this chapter within thirty (30) days after the filing of the motion. 5
The court shall, at the time of the suspension, advise the defendant of his or her 6
rights to the review. 7
(3) When the court orders the suspension of a license pursuant to: 8
(a) Subsection (1)(a) of this section, the court may, in addition to any other 9
conditions the court may order, require that the person apply to the 10
Transportation Cabinet for issuance of an ignition interlock license under 11
KRS 189A.340 for the period of the suspension; 12
(b) Subsection (1)(b) or (c) of this section, the court shall, in addition to any other 13
conditions the court may order, require that the person apply to the 14
Transportation Cabinet for issuance of an ignition interlock license under 15
KRS 189A.340 for the period of suspension; and 16
(c) Subsection (1) of this section and the person is required to apply for an 17
ignition interlock license pursuant to paragraph (a) or (b) of this subsection, 18
the person shall present the completed ignition interlock license application to 19
the court. 20
(4) When the court orders the suspension of a license pursuant to this section, the 21
defendant shall immediately surrender his or her license to operate a motor vehicle 22
or motorcycle to the court. Should the defendant fail to surr ender his or her license 23
to the court, the court shall issue an order directing the sheriff or any other peace 24
officer to seize the license immediately[forthwith] and deliver it to the court. If the 25
license is currently under suspension, [the provisions of ]this subsection shall not 26
apply. 27
UNOFFICIAL COPY 26 RS BR 2473
Page 18 of 25
XXXX 3/2/2026 6:49 PM Jacketed
(5) The Circuit Court Clerk shall immediately[forthwith] transmit to the Transportation 1
Cabinet: 2
(a) Any license surrendered pursuant to this section; and 3
(b) If the court ordered a person to apply for an ignition interlo ck device under 4
subsection (3) of this section, notification of the order. 5
(6) Licenses suspended under this section shall remain suspended until: 6
(a) The person is acquitted; 7
(b) All pending or current charges relating to a violation of KRS 189A.010 8
have been dismissed; or 9
(c) The person is convicted and the Transportation Cabinet has suspended 10
his or her license pursuant to KRS 189A.070; 11
but in no event for a period longer than the license suspension period 12
applicable to the person under KRS 189A.070 or 189A.107. 13
(7) Any person whose operator's license has been suspended pursuant to this section 14
shall be given credit for all pretrial suspension time against the period of suspension 15
imposed under KRS 189A.070. 16
Section 5. KRS 189A.240 is amended to read as follows: 17
In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the 18
court determines by a preponderance of the evidence that: 19
(1) The person was charged and arrested by a peace officer with a violation of KRS 20
189A.010(1)(a), (b), (c), (d), or (e); 21
(2) The peace officer had reasonable grounds to believe that the person was operating a 22
motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e); 23
(3) There is probable cause to believ e that the person committed the violation of KRS 24
189A.010(1)(a), (b), (c), (d), or (e) as charged; and 25
(4) The person has been convicted of one (1) or more prior offenses as described in 26
KRS 189A.010(5) (d)[(e)] or has had his or her motor vehicle operator's license 27
UNOFFICIAL COPY 26 RS BR 2473
Page 19 of 25
XXXX 3/2/2026 6:49 PM Jacketed
suspended on one (1) or more occasions for refusing to take an alcohol 1
concentration or substance test, in the ten (10) year period immediately preceding 2
his or her arrest; 3
then the court shall contin ue to suspend the person's operator's license or privilege to 4
operate a motor vehicle, but in no event for a period longer than the license suspension 5
period applicable to the person under KRS 189A.070 and 189A.107. [The provisions of 6
]This section shall not be construed as limiting the person's ability to challenge any prior 7
convictions or license suspensions or refusals. 8
Section 6. KRS 189A.340 is amended to read as follows: 9
(1) (a) If a person's license is suspended pu rsuant to this chapter and the initial 10
suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole 11
license the person shall be eligible for is an ignition interlock license pursuant 12
to this section. 13
(b) If a person's license is suspend ed pursuant to this chapter and the initial 14
suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall 15
be eligible for an ignition interlock license pursuant to this section and may be 16
eligible for a hardship license pursuant to KRS 189A.410. 17
(2) (a) A person may apply for an ignition interlock license anytime, including after 18
receiving the notices under KRS 189A.105 or after his or her license has been 19
suspended pursuant to this chapter. 20
(b) If at the time the person applies for an ignit ion interlock license, the person's 21
license has been suspended pursuant to this chapter, the person shall be 22
authorized to drive to: 23
1. An ignition interlock device provider to have a functioning ignition 24
interlock device installed in his or her motor vehicle or motorcycle; and 25
2. The Transportation Cabinet to obtain an ignition interlock license; 26
This paragraph shall only apply within fo urteen (14) days of the date printed 27
UNOFFICIAL COPY 26 RS BR 2473
Page 20 of 25
XXXX 3/2/2026 6:49 PM Jacketed
on the ignition interlock approval letter issued by the Transportation Cabinet 1
and if the person has the ignition interlock approval letter in the motor vehicle 2
or motorcycle. 3
(3) Before the Transportation Cabinet shall issue an ignition interlock license, the 4
person shall: 5
(a) Submit an application for an ignition interlock license; 6
(b) Provide proof of motor vehicle insurance; 7
(c) Provide an ignition interlock certificate of installation issued by an ignition 8
interlock device provider; and 9
(d) Provide any other information required by administrative regulations 10
promulgated by the Transportation Cabinet under KRS 189A.350. 11
(4) An ignition interlock license shall restrict the person to operating only a motor 12
vehicle or motorcycle equipped with a functioning ignition interlock device, unless 13
the person qualifies for an employer exemption under subsection (6) of this section. 14
This restriction shall remain in place for: 15
(a) If a person's license was suspended pretrial pursuan t to KRS 189A.200, the 16
required suspension period under KRS 189A.200(6); 17
(b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107: 18
1. The required suspension period under KRS 189A.070(1); and 19
2. a. If the maximum suspension period under KRS 189A.070(1)(a) has 20
not yet been met, until the Transportation Cabinet has received a 21
declaration from the person's ignition interlock device provider, in 22
a form provided or approved by the cabinet, certifying that none of 23
the violations outlined in su bdivision b. of this subparagraph has 24
occurred: 25
i. For a first offense within a ten (10) year period of KRS 26
189A.010(1)(a), (b), (c), (d), or (e) or for the first [any] 27
UNOFFICIAL COPY 26 RS BR 2473
Page 21 of 25
XXXX 3/2/2026 6:49 PM Jacketed
offense of KRS 189A.010(1)(f), in the ninety (90) 1
consecutive days; and 2
ii. For all subs equent offenses within a ten (10) year period of 3
KRS 189A.010(1)(a), (b), (c), (d), or (e) or for all 4
subsequent offenses of subsection (1)(f) of Section 1 of this 5
Act, one hundred twenty (120) consecutive days; 6
prior to the date of releasing the ignition interlock device 7
restriction. 8
b. If any of the following occur, it shall be a violation of the ninety 9
(90) or one hundred twenty (120) consecutive day requirement: 10
i. Failure to take any random breath alcohol concentration test 11
unless a review of the digi tal image confirms that the motor 12
vehicle or motorcycle was not occupied by a driver at the 13
time of the missed test; 14
ii. Failure to pass any random retest with a breath alcohol 15
concentration of 0.02 or lower unless a subsequent test 16
performed within ten (1 0) minutes registers a breath alcohol 17
concentration lower than 0.02, and the digital image 18
confirms the same person provided both samples; 19
iii. Failure of the person, or his or her designee, to appear at the 20
ignition interlock device provider when required for 21
maintenance, repair, calibration, monitoring, inspection, or 22
replacement of the device; 23
iv. Failure of the person to pay fees established pursuant to 24
subsection (7) of this section; 25
v. Tampering with an installed ignition interlock device with 26
the intent of rendering it defective; or 27
UNOFFICIAL COPY 26 RS BR 2473
Page 22 of 25
XXXX 3/2/2026 6:49 PM Jacketed
vi. Altering, concealing, hiding, or attempting to alter, conceal, 1
or hide, the person's identity from the ignition interlock 2
device's camera while providing a breath sample; 3
(c) If a person's license was suspended pursuan t to KRS 189A.090, for the 4
required suspension period under KRS 189A.090(2); or 5
(d) If a person's license suspension was extended pursuant to KRS 189A.345, the 6
required suspension period under KRS 189A.345(1). 7
(5) (a) The time period a person: 8
1. Holds a valid ignition interlock license pursuant to this section; or 9
2. Receives alcohol or substance abuse treatment in an inpatient residential 10
facility; 11
shall apply on a day -for-day basis toward satisfying the suspension p eriods 12
detailed in subsection (4) of this section. 13
(b) Except as provided in paragraph (c) of this subsection, the Transportation 14
Cabinet shall give the person a day -for-day credit for any time period the 15
person: 16
1. Held a valid ignition interlock license; or 17
2. Received alcohol or substance abuse treatment in an inpatient residential 18
facility. 19
(c) A person shall not receive day -for-day credit for days the person utilized the 20
employer exemption in accordance with subsection (6) of this section and 21
drove an employer's motor vehicle or motorcycle not equipped with a 22
functioning ignition interlock device. 23
(6) (a) A person with an ignition interlock license may operate a motor vehicle or 24
motorcycle not equipped with a functioning ignition interlock device if: 25
1. The person is required to operate an employer's motor vehicle or 26
motorcycle in the course and scope of employment; and 27
UNOFFICIAL COPY 26 RS BR 2473
Page 23 of 25
XXXX 3/2/2026 6:49 PM Jacketed
2. The business entity that owns the motor vehicle or motorcycle is not 1
owned or controlled by the person. 2
(b) To qualify for the employ er exemption, the person shall provide the 3
Transportation Cabinet with a sworn statement from his or her employer 4
stating that the person and business entity meet the requirements of paragraph 5
(a) of this subsection. 6
(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock 7
device provider may charge the following fees: 8
1. An installation fee for an alternative fuel vehicle or a vehicle with a 9
push button starter not to exceed one hundred thirty dollars ($130), an 10
installation fee for all other vehicles not to exceed one hundred dollars 11
($100); 12
2. A monthly fee not to exceed one hundred dollars ($100); 13
3. A removal fee not to exceed thirty dollars ($30); 14
4. A reset fee not to exceed fifty dollars ($50); or 15
5. A missed appointment fee not to exceed thirty-five dollars ($35). 16
(b) A person who is issued an ignition interlock license shall pay fees as 17
established in his or her lease agreement with the ignition interlock device 18
provider for any ignition interlock device installed in his or her motor vehicle 19
or motorcycle. However, the fees shall never be more than allowed under 20
paragraph (a) of this subsection and are subject to paragraph (c) of this 21
subsection. 22
(c) Any person who has an income: 23
1. At or below two hundred percent (200%) but above one hundred fifty 24
percent (150%) of the federal poverty guidelines, shall pay only 25
seventy-five percent (75%) of fees established pursuant to paragraph (a) 26
of this subsection; 27
UNOFFICIAL COPY 26 RS BR 2473
Page 24 of 25
XXXX 3/2/2026 6:49 PM Jacketed
2. At or below one hundred fifty percent (150%) but above one hundred 1
percent (100%) of the federal poverty guidelines, shall pay only fifty 2
percent (50%) of fees established pursuant to paragraph (a) of this 3
subsection; or 4
3. At or below one hundred percent (100%) of the federal poverty 5
guidelines, shall pay only twenty -five percent (25%) of fees established 6
pursuant to paragraph (a) of this subsection; 7
As used in this paragraph, "federal poverty guidelines" has the same meaning 8
as in KRS 205.5621. The Transportation Cabinet shall determine the person's 9
income and where tha t income places the person on the federal poverty 10
guidelines. 11
(d) [Neither ]The Commonwealth, the Transportation Cabinet, or[nor] any unit of 12
state or local government shall not be responsible for payment of any costs 13
associated with an ignition interlock device. 14
(8) For a person issued an ignition interlock license under this section who is residing 15
outside of Kentucky, the Transportation Cabinet may accept an ignition interlock 16
certificate of installation from an ignition interlock device provider authorized to do 17
business in the state where the person resides if the ignition interlock device meets 18
the requirements of that state. 19
Section 7. KRS 281A.2102 is amended to read as follows: 20
In addition to the penalties established by this chapter for driving a commercial motor 21
vehicle under the influence of alcohol: 22
(1) Any person convicted of driving a commercial motor vehicle while the alcohol 23
concentration of the person's blood or breath is four hundredths (0.04) to eight 24
hundredths (0.08) shall be fined not less than twenty dollars ($20) and not more 25
than fifty dollars ($50). 26
(2) Any person convicted of driving a commercial motor vehicle while th e alcohol 27
UNOFFICIAL COPY 26 RS BR 2473
Page 25 of 25
XXXX 3/2/2026 6:49 PM Jacketed
concentration of the person's blood or breath is greater than eight hundredths (0.08) 1
shall be fined under the provisions of KRS 189A.010(5)(a) to (c)[(d)]. 2