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Code · Kentucky · Kentucky Revised Statutes

189A.070 License suspensions -- Time periods -- Completion of alcohol or

1,128 words·~5 min read·/ky/189a-070

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substance abuse treatment or education program required before
reinstatement.
(a)1. Unless the person is under eighteen
(18)years of age, in addition to the
penalties specified in KRS 189A.010, the Transportation Cabinet shall
suspend a person's license to operate a motor vehicle or motorcycle upon
conviction of KRS 189A.010(1).
2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the
Transportation Cabinet shall suspend a person's license to operate a
motor vehicle or motorcycle as follows:
a. For the first offense within a ten
(10)year period:
i. For a person who is issued an ignition interlock license under
KRS 189A.340 and who meets the ninety
(90)consecutive
day requirement within the first four
(4)months of the
issuance of the ignition interlock license, four
(4)months;
ii. For a person who is issued an ignition interlock license under
KRS 189A.340 but does not meet the ninety
(90)consecutive
day requirement within the first four
(4)months of the
issuance of the ignition interlock license, until the person
meets the ninety
(90)consecutive day requirement or six
months, whichever is shorter; or
iii. For all others, six
(6)months;
b. For the second offense within a ten
(10)year period:
i. For a person who is issued an ignition interlock license under
KRS 189A.340 and who meets the one hundred twenty
consecutive day requirement within the first twelve
months of the issuance of the ignition interlock license,
twelve
(12)months;
ii. For a person who is issued an ignition interlock license under
KRS 189A.340 but does not meet the one hundred twenty
(120)consecutive day requirement within the first twelve
(12)months of the issuance of the ignition interlock license,
until the person meets the one hundred twenty
consecutive day requirement or eighteen
(18)months,
whichever is shorter; or
iii. For all others, eighteen
(18)months;
c. For a third offense within a ten
(10)year period:
i. For a person who is issued an ignition interlock license under
KRS 189A.340 and who meets the one hundred twenty
consecutive day requirement within the first eighteen
months of the issuance of the ignition interlock license,
eighteen
(18)months;
ii. For a person who is issued an ignition interlock license under
KRS 189A.340 but does not meet the one hundred twenty
(120)consecutive day requirement within the first eighteen
(18)months of the issuance of the ignition interlock license,
until the person meets the one hundred twenty
consecutive day requirement or thirty-six
(36)months,
whichever is shorter; or
iii. For all others, thirty-six
(36)months;
d. For a fourth or subsequent offense within a ten
(10)year period:
i. For a person who is issued an ignition interlock license under
KRS 189A.340 and who meets the one hundred twenty
consecutive day requirement within the first thirty
months of the issuance of the ignition interlock license, thirty
(30)months;
ii. For a person who is issued an ignition interlock license under
KRS 189A.340 but does not meet the one hundred twenty
(120)consecutive day requirement within the first thirty
months of the issuance of the ignition interlock license, until
the person meets the one hundred twenty
(120)consecutive
day requirement or sixty
(60)months, whichever is shorter;
or
iii. For all others, sixty
(60)months;
e. If the conviction records transmitted to the Transportation Cabinet
pursuant to subsection
(3)of this section show that a person was
convicted of a:
i. First offense of KRS 189A.010, the person's license shall be
suspended as provided in subdivision a. of this subparagraph;
ii. Second offense of KRS 189A.010, the person's license shall
be suspended as provided in subdivision b. of this
subparagraph;
iii. Third offense of KRS 189A.010, the person's license shall be
suspended as provided in subdivision c. of this subparagraph;
and
iv. Fourth or subsequent offense of KRS 189A.010, the person's
license shall be suspended as provided in subdivision d. of
this subparagraph; and
f. The license suspension shall be deemed effective on the date of
entry of the court's order or judgement for a conviction of KRS
189A.010. 3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet
shall suspend a person's license to operate a motor vehicle or motorcycle
as follows:
a. For a person who is issued an ignition interlock license under KRS
189A.340 and who meets the ninety
(90)consecutive day
requirement within the first four
(4)months of the issuance of the
ignition interlock license, four
(4)months;
b. For a person who is issued an ignition interlock license under KRS
189A.340 but does not meet the ninety
(90)consecutive day
requirement within the first four
(4)months of the issuance of the
ignition interlock license, until the person meets the ninety
consecutive day requirement or six
(6)months, whichever is
shorter; or
c. For all others, six
(6)months.
4. For purposes of this paragraph, "ninety
(90)consecutive day
requirement" and "one hundred twenty
(120)consecutive day
requirement" mean the requirements established in KRS
189A.340(4)(b)2.
(b)For a person under the age of eighteen (18), in addition to the penalties
specified in KRS 189A.010, the Transportation Cabinet shall suspend the
person's license to operate a motor vehicle or motorcycle upon conviction of
KRS 189A.010(1). The person shall have his or her license suspended until he
or she reaches the age of eighteen
(18)or as provided in paragraph
(a)of this
subsection, whichever penalty will result in the longer period of suspension.
(2)In addition to the period of license suspension set forth in subsection
(1)of this
section, no person shall be eligible for reinstatement of his or her full privilege to
operate a motor vehicle or motorcycle until he or she has completed the alcohol or
substance abuse education or treatment program ordered pursuant to KRS
189A.040.
(3)Upon conviction of KRS 189A.010(1):
(a)A person shall surrender his or her license to operate a motor vehicle or
motorcycle to the court. Should the person fail to surrender his or her license
to the court, the court shall issue an order directing the sheriff or any other
peace officer to seize the license forthwith and deliver it to the court. The
court shall then forward the license to the Transportation Cabinet. This
paragraph shall not apply to a person who has previously surrendered his or
her license pursuant to KRS 189A.200; and
(b)The court shall immediately transmit the conviction records and other
appropriate information to the Transportation Cabinet. A court shall not waive
or stay this procedure.
(4)In determining the ten
(10)year period under this section, the period shall be
measured from the dates on which the offenses occurred for which the judgments of
conviction were entered.
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