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Implied Consent Law in Kentucky

Anyone who operates or is in physical control of a motor vehicle in the state of Kentucky is presumes to have consented to a chemical test to determine the alcohol concentration in one’s system. This applies when an officer has reasonable grounds to believe that one has violated the DUI statute. Also, this provision applies when one is found dead, unconscious or when, for any other reason, one is found to be incapable of refusing to have a chemical test taken. The chemical test referred to in this section include blood, breath, urine, or any combination of the three.

Chemical tests will be ordered by an officer who has reasonable grounds to believe that one has been driving in violation of the DUI statute. All chemical tests must be taken in accordance to certain safety regulations. These regulations include: who can administer the test, how the test must be administered, and which test will be used. The first test to be administered will be the breath test. When the test ordered is a breath test the test must be administered by an officer that is certified by the Justice and Public Safety Cabinet to operate such equipment. The test must be done in accordance with the manufacturers’ instructions, which shall be kept in public records.

If the breath test reveals to the officer that the offender may be under the influence of a substance not subject to a breath analysis either a blood or urine sample will be requested. When a blood analysis is order only a physician, phlebotomist, registered nurse, medical technician or medical assistant can perform the test. All tests must b performed within a reasonable amount of time, typically two hours after the offender has stopped operating the motor vehicle. Once the chemical tests requested by the officer are complete the offender may request someone of his/her choosing to conduct the same tests. Anyone requested by an offender must also be qualified to perform such tests as laid out above. Also, when the person requested by the offender is not available within a reasonable amount of time the results of the officer ordered test do not become inadmissible at trial.

One may choose to refuse to submit to any of the above mentioned tests; however, they may also be subject to penalties for such a refusal. The tests which are subject to these penalties are: breath tests on a machine which is tested, maintained and installed by the state for use at the police station or detention center, blood or urine tests to be done at the request of an officer at the police station, detention center or medical facility, or any combination of the above mentioned tests. Further, any breath analysis done on a machine which is not installed, tested and maintained by the state for use at the police station or detention center shall be inadmissible in a court proceeding for prosecution under the DUI statute. As stated before anyone refusing to submit to the previously discussed test may be subject to penalties separate from those penalties set out for conviction of DUI. Penalty for refusal is revocation of one’s driver’s license.

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