As used in this chapter, unless the context requires otherwise:
(1) "Alcohol concentration" means either grams of alcohol per 100 milliliters of blood
or grams of alcohol per 210 liters of breath;
(2) "Cabinet" means the Transportation Cabinet;
(3) "Ignition interlock device" or "device" means a device, certified by the
Transportation Cabinet for use in this Commonwealth under KRS 189A.350, that:
(a) Connects a motor vehicle ignition system or motorcycle ignition system to a
breath alcohol analyzer and prevents a motor vehicle ignition or motorcycle
ignition from starting, and from continuing to operate, if a driver's breath
alcohol concentration exceeds 0.02, as measured by the device; and
(b) Has a fully functional camera that is equipped to record the date, time, and
photo of all persons providing breath samples to the device;
(4) "Ignition interlock certificate of installation" means a certificate providing that the
installed ignition interlock device has been installed and is certified for use in the
Commonwealth under KRS 189A.350;
(5) "Ignition interlock device provider" or "provider" means any person or company
certified by the Transportation Cabinet to engage in the business of manufacturing,
selling, leasing, servicing, or monitoring ignition interlock devices within the
Commonwealth;
(6) "Ignition interlock license" means a motor vehicle or motorcycle operator's license
issued or granted by the laws of the Commonwealth of Kentucky that, except for
those with an employer exemption under KRS 189A.340, permits a person to drive
only motor vehicles or motorcycles equipped with a functioning ignition interlock
device;
(7) "License" means any driver's or operator's license or any other license or permit to
operate a motor vehicle issued under or granted by the laws of this state including:
(a) Any temporary license or instruction permit;
(b) The privilege of any person to obtain a valid license or instruction permit, or
to drive a motor vehicle whether or not the person holds a valid license; and
(c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189;
(8) "Limited access highway" has the same meaning as "limited access facility" does in
KRS 177.220;
(9) "Refusal" means declining to submit to any test or tests pursuant to KRS 189A.103.
Declining may be either by word or by the act of refusal. If the breath testing
instrument for any reason shows an insufficient breath sample and the alcohol
concentration cannot be measured by the breath testing instrument, the law
enforcement officer shall then request the defendant to take a blood or urine test in
lieu of the breath test. If the defendant then declines either by word or by the act of
refusal, he shall then be deemed to have refused if the refusal occurs at the site at
which any alcohol concentration or substance test is to be administered; and
(10) When age is a factor, it shall mean age at the time of the commission of the offense.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 1, effective July 1, 2020. -- Amended
2015 Ky. Acts ch. 124, sec. 1, effective June 24, 2015. -- Amended 2002 Ky. Acts
ch. 171, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 1,
effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1,
effective July 1, 1991.
Notes of Decisions
Cited in
16
cases (
3 in the last 5 years), 1995–2025 · leading case:
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
· cites it 10× “10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol.”
Cook v. Commonwealth, 129 S.W.3d 351 (Ky. 2004).
· cites it 2× “See KRS 189A.005(1). The Commonwealth's expert, Dr.”
Commonwealth v. Ramsey, 920 S.W.2d 526 (Ky. 1996).
· cites it 2× “10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; or *528 (d) While under the combined…”
Lynch v. Commonwealth, 902 S.W.2d 813 (Ky. 1995).
· cites it 2× “10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one's driving ability; or (d) While under the combined influence…”
Farmer v. Commonwealth, 6 S.W.3d 144 (Ky. Ct. App. 1999).
· cites it 2× “10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one’s driving ability; (d) While under the combined influence of…”
Commonwealth v. Reynolds, 136 S.W.3d 442 (Ky. 2004).
“08 or greater based on the definition of alcohol concentration in KRS 189A.005, the person shall be subject to the penalties established pursuant to subsection (5) of this section.”
Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002).
“10 or more based on the definition of alcohol concentration in KRS 189A.005; OR (b) under the influence of alcohol; OR (c) under the influence of any substance or combination of substances which impairs one’s driving ability; OR (d) under the combined influence of alcohol and…”
Commonwealth v. Mattingly, 98 S.W.3d 865 (Ky. Ct. App. 2003).
· cites it 2× “05 based upon the definition of alcohol concentration in KRS 189A.005, it shall be presumed that the defendant was not under the influence of alcohol; and (b) If there was an alcohol concentration of 0.”
Just. v. Commonwealth, 987 S.W.2d 306 (Ky. 1998).
“02 or more based on the definition of alcohol concentration in KRS 189A.005 if the person is under the age of twenty-one (21).”
Lopez v. Commonwealth, 173 S.W.3d 905 (Ky. 2005).
“10 or more based on the definition of alcohol con *907 centration in Section 1 of this Act [KRS 189A.005]. 1991 Ky. Acts (1st extra.sess.”
Johnson v. Commonwealth, 36 S.W.3d 763 (Ky. Ct. App. 2001).
· cites it 2× “10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol; (c) While under the influence of any other substance or combination of substances which impairs one’s driving ability; (d) While under the combined influence of…”
Barker v. Commonwealth, 32 S.W.3d 515 (Ky. Ct. App. 2000).
“In KRS 189A.005, "alcohol concentration” is defined as "either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.”
— Ky. Rev. Stat. § 189A.005(1) — 3 cases
Love v. Commonwealth, 55 S.W.3d 816 (Ky. 2001).
“10 or more based on the definition of alcohol concentration in KRS 189A.005; (b) While under the influence of alcohol.”
Cook v. Commonwealth, 129 S.W.3d 351 (Ky. 2004).
“See KRS 189A.005(1). The Commonwealth's expert, Dr.”
— Ky. Rev. Stat. § 189A.005(9) — 1 case
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