189.520 Operating vehicle not a motor vehicle while under influence of intoxicants

272 words·~1 min read·/ky/189-520

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or substance which may impair driving ability prohibited -- Presumptions

concerning intoxication.

(1)No person under the influence of intoxicating beverages or any substance which

may impair one's driving ability shall operate a vehicle that is not a motor vehicle

anywhere in this state.

(2)No peace officer or State Police officer shall fail to enforce rigidly this section.

(3)In any criminal prosecution for a violation of subsection

(1)of this section, wherein

the defendant is charged with having operated a vehicle which is not a motor

vehicle while under the influence of intoxicating beverages, the alcohol

concentration, as defined in KRS 189A.005, in the defendant's blood as determined

at the time of making an analysis of his blood, urine, or breath, shall give rise to the

following presumptions:

(a)If there was an alcohol concentration of less than 0.05, it shall be presumed

that the defendant was not under the influence of alcohol;

(b)If there was an alcohol concentration of 0.05 or greater but less than 0.08,

such fact shall not constitute a presumption that the defendant either was or

was not under the influence of alcohol, but such fact may be considered,

together with other competent evidence, in determining the guilt or innocence

of the defendant; and

(c)If there was an alcohol concentration of 0.08 or more, it shall be presumed

that the defendant was under the influence of alcohol.

(4)The provisions of subsection

(3)of this section shall not be construed as limiting

the introduction of any other competent evidence bearing upon the question of

whether the defendant was under the influence of intoxicating beverages.