189A.410 Hardship license -- Prohibition against issuance when alcohol or

548 words·~2 min read·/ky/189a-410

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

substance test refused.

(1)At any time during the suspension periods enumerated in:

(a)KRS 189A.070 for violation of KRS 189A.010(1)(c) or (d); or

(b)KRS 189A.090 relating to a violation of KRS 189A.010(1)(c) or (d);

the court may grant the person hardship driving privileges for the balance of the

suspension period imposed by the Transportation Cabinet, if the court finds

reasonable cause to believe that revocation would hinder the person's ability to

continue his or her employment; continue attending school or an educational

institution; obtain necessary medical care; attend driver improvement, alcohol, or

substance abuse education programs; or attend court-ordered counseling or other

programs.

(2)Before granting hardship driving privileges, the court shall order the person to:

(a)Provide the court with proof of motor vehicle insurance;

(b)If necessary, provide the court with a written, sworn statement from his or her

employer, on a form provided by the cabinet, detailing his or her job, hours of

employment, and the necessity for the person to use the employer's motor

vehicle either in his or her work at the direction of the employer during

working hours, or in travel to and from work if the license is sought for

employment purposes; and

(c)If the person is self-employed, to provide the information required in

paragraph

(b)of this subsection together with a sworn statement as to its truth;

(d)Provide the court with a written, sworn statement from the school or

educational institution which he attends, of his or her class schedule, courses

being undertaken, and the necessity for the person to use a motor vehicle in

his travel to and from school or other educational institution if the license is

sought for educational purposes. Licenses for educational purposes shall not

include participation in sports, social, extracurricular, fraternal, or other

noneducational activities;

(e)Provide the court with a written, sworn statement from a physician, or other

medical professional licensed but not certified under the laws of Kentucky,

attesting to the person's normal hours of treatment, and the necessity to use a

motor vehicle to travel to and from the treatment if the license is sought for

medical purposes;

(f)Provide the court with a written, sworn statement from the director of any

alcohol or substance abuse education or treatment program as to the hours in

which the person is expected to participate in the program, the nature of the

program, and the necessity for the person to use a motor vehicle to travel to

and from the program if the license is sought for alcohol or substance abuse

education or treatment purposes;

(g)Provide the court with a copy of any court order relating to treatment,

participation in driver improvement programs, or other terms and conditions

ordered by the court relating to the person which require him or her to use a

motor vehicle in traveling to and from the court-ordered program. The judge

shall include in the order the necessity for the use of the motor vehicle; and

(h)Provide to the court any information as may be required by administrative

regulation of the Transportation Cabinet.

(3)The court shall not issue a hardship license to a person who has refused to take an

alcohol concentration or substance test or tests offered by a law enforcement officer.