Ky. Rev. Stat. § 189A.220

Current through 2024 Ky. Acts ch. 225

Section 189A.220 - Judicial review of pretrial license suspension for test refusal

In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test under KRS 189A.200(1)(a), if the court determines, by the preponderance of the evidence, that:

(1) The person was charged and arrested by a peace officer with violation of KRS 189A.010(1);

(2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in violation of KRS 189A.010(1);

(3) The person was advised of the implied consent law pursuant to KRS 189A.105;

(4) The peace officer requested the person to take the test or tests pursuant to KRS 189A.103; and

(5) The person refused to take a test requested by a peace officer pursuant to KRS 189A.103;

then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings, but in no event for a period longer than the license suspension period applicable to the person under KRS 189A.070 and 189A.107.

KRS 189A.220

Amended by 2019 Ky. Acts ch. 103,§ 12, eff. 7/1/2020.

Effective:10/1/2000
Amended 2000, Ky. Acts ch. 467, sec. 14, effective10/1/2000. --Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 10, effective 7/1/1991.