KRS § 189A.103 — KY Code / Title XVI / Chapter 189A / Section 189A.103
189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing
Status: in_force

189A.103 Consent to tests for alcohol concentration or substance which may

impair driving ability -- Test procedures -- Who may administer -- Personal

testing.

The following provisions shall apply to any person who operates or is in physical control

of a motor vehicle or a vehicle that is not a motor vehicle in this Commonwealth:

(1) He or she has given his or her consent to one (1) or more tests of his or her blood,

breath, and urine, or combination thereof, for the purpose of determining alcohol

concentration or presence of a substance which may impair one's driving ability, if

an officer has reasonable grounds to believe that a violation of KRS 189A.010(1) or

189.520(1) has occurred;

(2) Any person who is dead, unconscious, or otherwise in a condition rendering him or

her incapable of refusal is deemed not to have withdrawn the consent provided in

subsection (1) of this section, and the test may be given;

(3) (a) The breath, blood, and urine tests administered pursuant to this section shall

be administered at the direction of a peace officer having reasonable grounds

to believe the person has committed a violation of KRS 189A.010(1) or

189.520(1).

(b) Tests of the person's breath, blood, or urine, to be valid pursuant to this

section, shall have been performed according to the administrative regulations

promulgated by the secretary of the Justice and Public Safety Cabinet, and

shall have been performed, as to breath tests, only after a peace officer has

had the person under personal observation at the location of the test for a

minimum of twenty (20) minutes.

(c) All breath tests shall be administered by a peace officer holding a certificate

as an operator of a breath analysis instrument, issued by the secretary of the

Justice and Public Safety Cabinet or his or her designee;

(4) A breath test shall consist of a test which is performed in accordance with the

standard operating procedures adopted by the Department of Criminal Justice

Training for the use of the instrument. The secretary of the Justice and Public

Safety Cabinet shall keep available for public inspection and provide, upon request

and without charge, copies of the standard operating procedures adopted by the

Department of Criminal Justice Training for all models of breath testing devices in

use by the Commonwealth of Kentucky;

(5) When the preliminary breath test, breath test, or other evidence gives the peace

officer reasonable grounds to believe there is impairment by a substance which is

not subject to testing by a breath test, then blood or urine tests, or both, may be

required in addition to a breath test, or in lieu of a breath test;

(6) Only a physician, registered nurse, phlebotomist, medical technician, or medical

technologist not otherwise prohibited by law can withdraw any blood of any person

submitting to a test under this section; and

(7) After the person has submitted to all alcohol concentration tests and substance tests

requested by the officer, the person tested shall be permitted to have a person listed

in subsection (6) of this section of his or her own choosing administer a test or tests

in addition to any tests administered at the direction of the peace officer. Tests

conducted under this section shall be conducted within a reasonable length of time.

Provided, however, the nonavailability of the person chosen to administer a test or

tests in addition to those administered at the direction of the peace officer within a

reasonable time shall not be grounds for rendering inadmissible as evidence the

results of the test or tests administered at the direction of the peace officer.