189A.107 License suspension for refusal to take alcohol or substance tests --
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/ky/189a-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Hearing on alleged refusal -- Time period for suspension -- Notice to
Transportation Cabinet.
(1)A person who refuses to submit to an alcohol concentration or substance test
requested by an officer having reasonable grounds to believe that the person
violated KRS 189A.010(1) shall have his or her driver's license suspended
during the pendency of the action as provided in KRS 189A.200.
(a)In the event a defendant is not convicted of a violation of KRS
189A.010(1) in a case in which it is alleged that he or she refused to take
an alcohol concentration or substance test, upon motion of the attorney
for the Commonwealth, the court shall conduct a hearing, without a jury,
to determine by clear and convincing evidence if the person actually
refused the testing. However, the hearing shall not be required if the court
has made a previous determination of the issue at a hearing held under
KRS 189A.200 and 189A.220.
(b)If the court finds that the person did refuse to submit to a breath, blood, or
urine test, the court shall suspend the person's driver's license for the
period of time the license would have been suspended upon conviction as
set forth in KRS 189A.070(1), except that the court may authorize the
person to apply to the Transportation Cabinet for issuance of an ignition
interlock license under KRS 189A.340 for the period of the suspension.
(c)When the court orders the suspension of a person's license pursuant to
this subsection, the person shall surrender the license in the same
manner prescribed by KRS 189A.200(4). In addition, notice of the
suspension shall be immediately transmitted to the Transportation
Cabinet.