2010 AMENDMENTS TO KENTUCKY DUI LAW

By LawReader Senior Editor Stan Billingsley

   Several recent changes have been made to KRS Chapter 189A (DUI).  These became effective July 15, 2010.  The most significant change is the addition of a list of drugs which if tested in the driver’s blood within two hours of driving can constitute a DUI offense.  Other provisions provide a defense to having any of these drugs in your blood if you did so in compliance with a prescription by a physician.

The legislature also lower the trigger point for BA content to become an aggravator.  The old limit was .18 and the new limit is .15.

 

 

KRS 189A.010  Amendments

 

AGGRAVATOR:

The legislature reduced the BA level to .15 from the prior .18 reading, for the aggravator to apply to the sentence.

CONVICTION ALLOWED IF LISTED DRUGS IN BLOOD:

The legislature added a list of drugs which if tested within two hours of driving were present in the blood, could result in a DUI conviction. See below.

 They placed an exception for validly prescribed drugs:

 

“KRS 189A010  (4) (b) A laboratory test or tests for a controlled substance shall be inadmissible as evidence in a prosecution under subsection (1)(d) of this section upon a finding by the court that the defendant consumed the substance under a valid prescription from a practitioner, as defined in KRS 218A.010, acting in the course of his or her professional practice.”

 

 

KRS 189A010  - “(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state:

 

(d) While the presence of a controlled substance listed in subsection (12) of this section is detected in the blood, as measured by a scientifically reliable test, or tests, taken within two (2) hours of cessation of operation or physical control of a motor vehicle;

 

 

(12) The substances applicable to a prosecution under subsection (1)(d) of this section are:

(a) Any Schedule I controlled substance except marijuana;

(b) Alprazolam;

(c) Amphetamine;

(d) Buprenorphine;

(e) Butalbital;

(f) Carisoprodol;

(g) Cocaine;

(h) Diazepam;

(i) Hydrocodone;

(j) Meprobamate;

(k) Methadone;

(l) Methamphetamine;

(m) Oxycodone;

(n) Promethazine;

(o) Propoxyphene; and

(p) Zolpidem.

Effective: July 15, 2010

History: Amended 2010 Ky. Acts ch. 149, sec. 17, effective July 15, 2010.

KRS 189A.050  Amendments

 

The DUI service fee split has been amended by addition of Section (g):

 

“(g) The remainder of the amount collected shall be transferred to the general fund.(4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be placed in trust and agency accounts that shall not lapse.”  2010

 

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KRS 189A.070  Amendments

 

A new section  (8) added

 

 (7) A person whose license has been revoked pursuant to subsection (1)(b), (c), or (d) of this section may move the court to reduce the applicable minimum period of revocation by one-half (1/2), but in no case less than twelve (12) months. The court may, upon a written finding in the record for good cause shown, order such a period to be reduced by one-half (1/2), but in no case less than twelve (12) months, if the following conditions are satisfied: (a) The person shall not operate a motor vehicle or motorcycle without an ignition interlock device as provided for in KRS 189A.340(2);

(b) The person shall not operate a motor vehicle or motorcycle at any other time and for any other purposes than those specified by the court; and

(c) The ignition interlock device shall be installed on the motor vehicle or motorcycle for a period of time not less than the applicable minimum period of revocation provided for under subsection (1)(b), (c), or (d) of this section nor for more than the respective maximum period of revocation provided for under subsection (1)(b), (c), or (d) of this section.

(8) Upon a finding of a violation of any of the conditions specified in subsection (7) of this section or of the order permitting any reduction in a minimum period of revocation that is issued pursuant thereto, the court shall dissolve such an order and the person shall receive no credit toward the minimum period of revocation required under subsection (1)(b), (c), or (d) of this section.

Effective: July 15, 2010

KRS 189A.085  Amendments

 

Sections (3) and (4) added:

 

“(3) If the license plate of a jointly owned vehicle is impounded, this vehicle may be transferred to a joint owner of the vehicle who was not the violator.

(4) If the license plate of a motor vehicle is impounded, the vehicle may be transferred.”

Effective: July 15, 2010

KRS 189A.090  Amendments

 

Section (e) of KRS 189A.010  added to penalty phase of KRS 189A.090:

KRS 189A.010 ( e) “While under the combined influence of alcohol and any other substance which impairs one’s driving ability; …”

Added to penalty provisions of KRS 189A.090

(b) For a second offense within a five (5) year period, be guilty of a Class A misdemeanor and have his license revoked by the court for one (1) year, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (e),  or (d), in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of two (2) years;

(c) For a third or subsequent offense within a five (5) year period, be guilty of a Class D felony and have his license revoked by the court for two (2) years, unless at the time of the offense the person was also operating or in physical control of a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), or (d) (e),, in which event he shall be guilty of a Class D felony and have his license revoked by the court for a period of five (5) years.

KRS 189A.105  Amendments

 

AMENDED TO REFLECT LOWER BA LEVEL  (PREVIOUSLY .18)

2. That, if a test is taken, the results of the test may be used against him in court as evidence of violating KRS 189A.010(1), and that if the results of the test are 0.15 above and the person is subsequently convicted of violating KRS 189A.010(1), then he will be subject to a sentence that is twice as long as the mandatory minimum jail sentence imposed if the results are less than 0.18; and…

KRS 289A.240 Amendments

KRS 189A.240  AMENDED TO ADD SECTION (E) OF KRS 189A.010 VIOLATION (REGARDING DRUGS.)

KRS 189A.240 Judicial review of pretrial license suspension for repeat offender.

In any judicial review of a pretrial suspension imposed under KRS 189A.200(1)(b), if the court determines by a preponderance of the evidence that:

(1) The person was charged and arrested by a peace officer with a violation of KRS 189A.010(1)(a), (b), (c), (d), or (e);

(2) The peace officer had reasonable grounds to believe that the person was operating a motor vehicle in violation of KRS 189A.010(1)(a), (b), (c), (d), or (e);

(3) There is probable cause to believe that the person committed the violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) as charged; and

(4) The person has been convicted of one (1) or more prior offenses as described in KRS 189A.010(5)(e) or has had his motor vehicle operator’s license suspended or revoked on one (1) or more occasions for refusing to take an alcohol concentration or substance test, in the five (5) year period immediately preceding his arrest, then the court shall continue to suspend the person’s operator’s license or privilege to operate a motor vehicle. The provisions of this section shall not be construed as limiting the person’s ability to challenge any prior convictions or license suspensions or refusals.

Effective: July 15, 2010

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