Ky. Rev. Stat. § 189A.050

Service fee -- Amount -- Payment -- Remedies for nonpayment -- Use of

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revenue from fees collected. (1) All persons convicted of violation of KRS 189A.010(1)(a), (b), (c), (d), or (e) shall be sentenced to pay a service fee of four hundred twenty-five dollars ($425), which shall be in addition to all other penalties authorized by law. (2) The fee shall be imposed in all cases but shall be subject to the provisions of KRS 534.020 and KRS 534.060. (3) The first fifty dollars ($50) of each service fee imposed by this section shall be paid into the general fund, the second fifty dollars ($50) of each service fee imposed by this section shall be paid to the ignition interlock administration fund established in KRS 189A.380, and the remainder of the revenue collected from the service fee imposed by this section shall be utilized as follows: (a) Twelve percent (12%) shall be transferred to the Department of Kentucky State Police forensic laboratory for the acquisition, maintenance, testing, and calibration of alcohol concentration testing instruments and the training of laboratory personnel to perform these tasks; (b) Twenty percent (20%) shall be allocated to the Department of Public Advocacy; (c) One percent (1%) shall be transferred to the Prosecutors Advisory Council for training of prosecutors for the prosecution of persons charged with violations of this chapter and for obtaining expert witnesses in cases involving the prosecution of persons charged with violations of this chapter or any other offense in which driving under the influence is a factor in the commission of the offense charged; (d) Sixteen percent (16%) shall be transferred as follows: 1. Fifty percent (50%) shall be credited to the traumatic brain injury trust fund established under KRS 211.476; and 2. Fifty percent (50%) shall be credited to the Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities, for the purposes of providing direct services to individuals with brain injuries that may include long-term supportive services and training and consultation to professionals working with individuals with brain injuries. As funding becomes available under this subparagraph, the cabinet may promulgate administrative regulations pursuant to KRS Chapter 13A to implement the services permitted by this subparagraph; (e) Any amount specified by a specific statute shall be transferred as provided in that statute; (f) Forty-six percent (46%) shall be transferred to be utilized to fund enforcement of this chapter and for the support of jails, recordkeeping, treatment, and educational programs authorized by this chapter and by the Department of Public Advocacy; and (g) The remainder shall be transferred to the general fund. (4) The amounts specified in subsection (3)(a), (b), (c), and (d) of this section shall be placed in trust and agency accounts that shall not lapse. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 8, effective April 5, 2024. -- Amended 2020 Ky. Acts ch. 91, sec. 36, effective April 15, 2020. -- Amended 2017 Ky. Acts ch. 158, sec. 10, effective June 29, 2017; and ch. 167, sec. 12, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 16, effective July 12, 2012; and ch. 158, sec. 11, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 149, sec. 19, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 158, sec. 6, effective July 1, 2008. -- Amended 2007 Ky. Acts ch. 85, sec. 213, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 147, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 137, sec. 1, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 467, sec. 4, effective October 1, 2000. -- Amended 1994 Ky. Acts ch. 395, sec. 3, effective July 15, 1994. -- Created 1984 Ky. Acts ch. 165, sec. 5, effective July 13, 1984. 2024-2026 Budget Reference. See State/Executive Branch Budget, 2024 Ky. Acts ch. 175, Pt. I, H, 4, (2) at 1863. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which are in conflict. Under KRS 446.250, Acts. ch. 146, which was last enacted by the General Assembly, prevails. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, relating to the creation and organization of the Justice and Public Safety Cabinet, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in that Act. Such a correction has been made in this section.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1987–2025 · leading case: Beane v. Commonwealth

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Beane v. Commonwealth (1987) ky · cites it 7× “For the first conviction above, the district judge imposed a service fee in the amount of $150 under the provisions of KRS 189A.050, which reads: 189A.050. Service fee — Amount— Payment — Remedies for non-payment.”

Doyle v. Judicial Retirement & Removal Commission (1994) ky “175(4) and DUI service fees as required by KRS 189A.050.” Judge Doyle’s explanation of her failure to order the mandatory $150 service fee in DUI eases was because she thought the fee was being collected by the Circuit Clerk’s office.”

Commonwealth of Kentucky v. David J. Moore (2018) ky · cites it 4× “The trial court imposed the $200 fine and, in addition, assessed the $375 service fee mandated by KRS 189A.050. Because of his indigency, the district court waived the imposition of court costs and permitted him to proceed in Jonna pauperis.”

Cole v. Commonwealth (2019) kyctapp · cites it 2× “The service fee imposed by KRS 189A.050 is an administrative function.”

Jason Spears v. Commonwealth of Kentucky (2025) kyctapp “356, and the DUI service fee authorized by KRS 189A.050. Based on these examples, the Commonwealth’s second essential argument that, “if nothing forbids the court from doing it, it must be allowed” is deeply flawed and wholly unpersuasive.”

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