KRS § 189A.070 — KY Code / Title XVI / Chapter 189A / Section 189A.070
189A.070 License suspensions -- Time periods -- Completion of alcohol or substance abuse treatment or education program required before reinstatement
Status: in_force

189A.070 License suspensions -- Time periods -- Completion of alcohol or

substance abuse treatment or education program required before

reinstatement.

(1) (a) 1. Unless the person is under eighteen (18) years of age, in addition to the

penalties specified in KRS 189A.010, the Transportation Cabinet shall

suspend a person's license to operate a motor vehicle or motorcycle upon

conviction of KRS 189A.010(1).

2. Upon conviction of KRS 189A.010(1)(a), (b), (c), (d), or (e), the

Transportation Cabinet shall suspend a person's license to operate a

motor vehicle or motorcycle as follows:

a. For the first offense within a ten (10) year period:

i. For a person who is issued an ignition interlock license under

KRS 189A.340 and who meets the ninety (90) consecutive

day requirement within the first four (4) months of the

issuance of the ignition interlock license, four (4) months;

ii. For a person who is issued an ignition interlock license under

KRS 189A.340 but does not meet the ninety (90) consecutive

day requirement within the first four (4) months of the

issuance of the ignition interlock license, until the person

meets the ninety (90) consecutive day requirement or six (6)

months, whichever is shorter; or

iii. For all others, six (6) months;

b. For the second offense within a ten (10) year period:

i. For a person who is issued an ignition interlock license under

KRS 189A.340 and who meets the one hundred twenty (120)

consecutive day requirement within the first twelve (12)

months of the issuance of the ignition interlock license,

twelve (12) months;

ii. For a person who is issued an ignition interlock license under

KRS 189A.340 but does not meet the one hundred twenty

(120) consecutive day requirement within the first twelve

(12) months of the issuance of the ignition interlock license,

until the person meets the one hundred twenty (120)

consecutive day requirement or eighteen (18) months,

whichever is shorter; or

iii. For all others, eighteen (18) months;

c. For a third offense within a ten (10) year period:

i. For a person who is issued an ignition interlock license under

KRS 189A.340 and who meets the one hundred twenty (120)

consecutive day requirement within the first eighteen (18)

months of the issuance of the ignition interlock license,

eighteen (18) months;

ii. For a person who is issued an ignition interlock license under

KRS 189A.340 but does not meet the one hundred twenty

(120) consecutive day requirement within the first eighteen

(18) months of the issuance of the ignition interlock license,

until the person meets the one hundred twenty (120)

consecutive day requirement or thirty-six (36) months,

whichever is shorter; or

iii. For all others, thirty-six (36) months;

d. For a fourth or subsequent offense within a ten (10) year period:

i. For a person who is issued an ignition interlock license under

KRS 189A.340 and who meets the one hundred twenty (120)

consecutive day requirement within the first thirty (30)

months of the issuance of the ignition interlock license, thirty

(30) months;

ii. For a person who is issued an ignition interlock license under

KRS 189A.340 but does not meet the one hundred twenty

(120) consecutive day requirement within the first thirty (30)

months of the issuance of the ignition interlock license, until

the person meets the one hundred twenty (120) consecutive

day requirement or sixty (60) months, whichever is shorter;

or

iii. For all others, sixty (60) months;

e. If the conviction records transmitted to the Transportation Cabinet

pursuant to subsection (3) of this section show that a person was

convicted of a:

i. First offense of KRS 189A.010, the person's license shall be

suspended as provided in subdivision a. of this subparagraph;

ii. Second offense of KRS 189A.010, the person's license shall

be suspended as provided in subdivision b. of this

subparagraph;

iii. Third offense of KRS 189A.010, the person's license shall be

suspended as provided in subdivision c. of this subparagraph;

and

iv. Fourth or subsequent offense of KRS 189A.010, the person's

license shall be suspended as provided in subdivision d. of

this subparagraph; and

f. The license suspension shall be deemed effective on the date of

entry of the court's order or judgement for a conviction of KRS

189A.010.

3. Upon conviction of KRS 189A.010(1)(f), the Transportation Cabinet

shall suspend a person's license to operate a motor vehicle or motorcycle

as follows:

a. For a person who is issued an ignition interlock license under KRS

189A.340 and who meets the ninety (90) consecutive day

requirement within the first four (4) months of the issuance of the

ignition interlock license, four (4) months;

b. For a person who is issued an ignition interlock license under KRS

189A.340 but does not meet the ninety (90) consecutive day

requirement within the first four (4) months of the issuance of the

ignition interlock license, until the person meets the ninety (90)

consecutive day requirement or six (6) months, whichever is

shorter; or

c. For all others, six (6) months.

4. For purposes of this paragraph, "ninety (90) consecutive day

requirement" and "one hundred twenty (120) consecutive day

requirement" mean the requirements established in KRS

189A.340(4)(b)2.

(b) For a person under the age of eighteen (18), in addition to the penalties

specified in KRS 189A.010, the Transportation Cabinet shall suspend the

person's license to operate a motor vehicle or motorcycle upon conviction of

KRS 189A.010(1). The person shall have his or her license suspended until he

or she reaches the age of eighteen (18) or as provided in paragraph (a) of this

subsection, whichever penalty will result in the longer period of suspension.

(2) In addition to the period of license suspension set forth in subsection (1) of this

section, no person shall be eligible for reinstatement of his or her full privilege to

operate a motor vehicle or motorcycle until he or she has completed the alcohol or

substance abuse education or treatment program ordered pursuant to KRS

189A.040.

(3) Upon conviction of KRS 189A.010(1):

(a) A person shall surrender his or her license to operate a motor vehicle or

motorcycle to the court. Should the person fail to surrender his or her license

to the court, the court shall issue an order directing the sheriff or any other

peace officer to seize the license forthwith and deliver it to the court. The

court shall then forward the license to the Transportation Cabinet. This

paragraph shall not apply to a person who has previously surrendered his or

her license pursuant to KRS 189A.200; and

(b) The court shall immediately transmit the conviction records and other

appropriate information to the Transportation Cabinet. A court shall not waive

or stay this procedure.

(4) In determining the ten (10) year period under this section, the period shall be

measured from the dates on which the offenses occurred for which the judgments of

conviction were entered.