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What Are The Penalties For Refusing A Chemical Test?

If you are operating or in physical control of a motor vehicle anywhere in Kentucky you are deemed to have given your consent to one or more tests of your blood, breath, or urine for purposes of determining alcohol concentration. This is called the implied consent law. At the testing site, at the time a chemical test is requested, you shall be informed that: (1) a refusal may be used against you in court as evidence and will result in revocation of your driver's license; if you refuse and are subsequently convicted of DUI you will be subject to a mandatory jail sentence which is twice as long as the mandatory jail sentence imposed if you submit to the tests; and if you refuse you will not be able to obtain a hardship license. If you submit to the requested tests, you have the right to a test or tests of your blood performed by a person of your choosing within a reasonable time and at your expense. You must be advised of this right and specifically asked, "Do you want such a test?" Remember you must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test. Even if you are acquitted of the DUI at trial, the court shall impose the appropriate license suspension for refusing to submit to a chemical test. For a DUI first offense refusal, a driver's license shall be suspended for 30 days to 120 days. For a DUI second offense refusal, a driver's license shall be suspended for 12 months to 18 months. For a DUI third offense refusal, a driver's license shall be suspended for 24 months to 36 months. For a DUI fourth offense refusal, a driver's license shall be suspended for sixty (60) months.

Other Kentucky Drunk Driving Defense FAQs

  • Q: What Is Dui In Kentucky?
    A: Motorists in Kentucky can be charged with five different DUI violations. Kentucky's different types of DUI are: (1) operating or in physical control of a motor vehicle … More
  • Q: What Is "under The Influence Of Alcohol"?
    A: The prosecutor only has to prove a motorist was "under the influence of alcohol." This type of case is pursued even if no alcohol content test result exists from a … More
  • Q: What Is "per Se" Dui?
    A: This law is also known as the "per se" DUI offense. It would be more accurate to call this driving with an unlawful blood, breath or urine alcohol level. To prove this … More
  • Q: How Is A Dui Case Proven?
    A: When there is a blood, breath or urine test result "in evidence" there are two separate ways the prosecution may seek to prove a DUI case: (1) by proving "under the … More
  • Q: What Is Dui Impairment "other Substances"?
    A: You can be prosecuted for a DUI involving drugs even where a physician prescribes the drugs. Generally these cases often involve "other" substances (marijuana, … More
  • Q: What Are The Legal Limits Of Alcohol?
    A: An alcohol content reading of 0.02 or higher is the level for per se (legally DUI) intoxication for persons under the age of 2l at the time of arrest that are accused … More
  • Q: What Is A "Repeat Offender"?
    A: "Repeat offender" status for DUI cases is determined in Kentucky based upon a five­year "lookback" period. This status is used for purposes of … More
  • Q: What Are The Penalties For A First Offense?
    A: Fine: $200.00­$500.00 (plus statutory service fee of $250.00 and other miscellaneous costs.) Jail: 48 hours to 30 days. Under Kentucky law for a first offender, … More
  • Q: What Are The Penalties For A Second Offense?
    A: Fine: $350­$500 (plus statutory service fee of $200.00 and other miscellaneous costs.) Jail: seven days to six months. A fine and jail time are imposed for all … More
  • Q: What Are The Penalties For A Third Offense?
    A: Fine: $500­$1,000. Jail: Thirty (30) days to twelve (12) months. At least 48 hours of the sentence must be served consecutively. Community Service: Not less … More
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Implied Consent Laws

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