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Chemical Testing in Kentucky

When a chemical test has been requested by an officer in this state there are some things which the officer must inform the offender of before the test may be administered. The offender must be informed that refusing to submit to such test may be used as evidence against him/her at trial as evidence of a DUI statute violation. Also, that such a refusal will result in the revocation of one’s driver’s license. Offender must also be informed that if, after a refusal, one is convicted of violating the DUI statute he/she will serve twice the maximum sentence as would be imposed if he/she had consented to the chemical test. Additionally, that anyone refusing to submit to a chemical test will be unable to obtain a hardship license.

The officer must also inform the offender, prior to requesting a chemical sample, that if he/she does not refuse a chemical test that the result of the test may be used against them in court as evidence of his/her violation of the DUI statute. If the chemical test shows a BAC of 0.15 or above the defendant will receive twice the mandatory jail sentence he/she would receive had the BAC been below 0.15. Finally, the offender must be informed that if he/she consents to a chemical test he/she shall be afforded the opportunity to have someone of his/her choosing perform the same chemical tests within a reasonable time of the arrest. The tests performed by the person of the offender’s choosing shall be done at the offender’s expense.

In addition to the other penalties imposed for refusing a chemical sample upon arrest one’s driver’s license shall also be suspended during the pending trial. If one is said to have refused a chemical test, but is not convicted of violated the DUI statute a hearing will be held to determine, by clear and convincing evidence, whether the person did, in fact, refuse the chemical test. If it is determined that he/she did refuse such tests his/her driver’s license shall be suspended for a period of time equal to that which it would have been suspended had he/she been convicted of being in violation of the DUI statute.

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