KRS § 189A.200 — KY Code / Title XVI / Chapter 189A / Section 189A.200
189A.200 Pretrial suspension of license of person charged with driving under the influence for refusing to take test, for being a repeat offender, and for causing accident resulting in death or serious physical injury to another person -- Hearing -- Length of suspension -- When application for ignition interlock license required
Status: in_force

189A.200 Pretrial suspension of license of person charged with driving under the

influence for refusing to take test, for being a repeat offender, and for causing

accident resulting in death or serious physical injury to another person --

Hearing -- Length of suspension -- When application for ignition interlock

license required.

(1) The court shall at the arraignment or as soon as such relevant information becomes

available suspend the motor vehicle operator's license and motorcycle operator's

license and driving privileges of any person charged with a violation of KRS

189A.010(1) who:

(a) Has refused to take an alcohol concentration or substance test as reflected on

the uniform citation form;

(b) Has been convicted of one (1) or more prior offenses as described in KRS

189A.010(5)(e) or has had his or her operator's license suspended on one (1)

or more occasions for refusing to take an alcohol concentration or substance

test, in the ten (10) year period immediately preceding his or her arrest; or

(c) Was involved in an accident that resulted in death or serious physical injury as

defined in KRS 500.080 to a person other than the defendant.

(2) Persons whose licenses have been suspended pursuant to this section may file a

motion for judicial review of the suspension, and the court shall conduct the review

in accordance with this chapter within thirty (30) days after the filing of the motion.

The court shall, at the time of the suspension, advise the defendant of his rights to

the review.

(3) When the court orders the suspension of a license pursuant to:

(a) Subsection (1)(a) of this section, the court may, in addition to any other

conditions the court may order, require that the person apply to the

Transportation Cabinet for issuance of an ignition interlock license under

KRS 189A.340 for the period of the suspension;

(b) Subsection (1)(b) or (c) of this section, the court shall, in addition to any other

conditions the court may order, require that the person apply to the

Transportation Cabinet for issuance of an ignition interlock license under

KRS 189A.340 for the period of suspension; and

(c) Subsection (1) of this section and the person is required to apply for an

ignition interlock license pursuant to paragraph (a) or (b) of this subsection,

the person shall present the completed ignition interlock license application to

the court.

(4) When the court orders the suspension of a license pursuant to this section, the

defendant shall immediately surrender his or her license to operate a motor vehicle

or motorcycle to the court. Should the defendant 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. If the license is

currently under suspension, the provisions of this subsection shall not apply.

(5) The Circuit Court Clerk shall forthwith transmit to the Transportation Cabinet:

(a) Any license surrendered pursuant to this section; and

(b) If the court ordered a person to apply for an ignition interlock device under

subsection (3) of this section, notification of the order.

(6) Licenses suspended under this section shall remain suspended until:

(a) The person is acquitted;

(b) All pending or current charges relating to a violation of KRS 189A.010

have been dismissed; or

(c) The person is convicted and the Transportation Cabinet has suspended

his or her license pursuant to KRS 189A.070;

but in no event for a period longer than the license suspension period

applicable to the person under KRS 189A.070 or 189A.107.

(7) Any person whose operator's license has been suspended pursuant to this section

shall be given credit for all pretrial suspension time against the period of suspension

imposed under KRS 189A.070.