Kentucky Revised Statutes

Ky. Rev. Stat. § 189A.070 (2026)

License suspensions -- Time periods -- Completion of alcohol or

✓ current as of May 2026
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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. Effective: July 1, 2020 History: Repealed and reenacted 2019 Ky. Acts ch. 103, sec. 5, effective July 1, 2020. - - Amended 2016 Ky. Acts ch. 85, sec. 2, effective April 9, 2016. -- Amended 2015 Ky. Acts ch. 124, sec. 2, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 20, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 5, effective October 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 12, effective October 1, 1996. -- Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 5, effective July 1, 1991. -- Created 1984 Ky. Acts ch. 165, sec. 7, effective July 13, 1984. Legislative Research Commission Note (4/9/2016). 2016 Ky. Acts ch. 85, sec. 10 provided that that Act shall be known as the Brianna Taylor Act. This statute was amended in Section 2 of that Act.

Notes of Decisions
Cited in 11 cases, 1985–2015 · leading case: Butler v. Groce, 880 S.W.2d 547 (Ky. 1994).
Butler v. Groce, 880 S.W.2d 547 (Ky. 1994). · cites it 18× “The issues raised are whether the period of license revocation provided in KRS 189A.070 is mandatory and not subject to the discretion of the district courts and whether only first offenders may be issued hardship licenses pursuant to KRS 189A.”
Div. of Driver Licensing, Dep't of Veh. Reg., Transp. Cabinet v. Bergmann, 740 S.W.2d 948 (Ky. 1987). · cites it 11× “On June 7, the Cabinet replied that a hearing would be denied because of the mandatory nature of KRS 189A.070 and also informed him that his revocation period under the same statute would be twelve months because he had a prior DUI conviction.”
Ballinger v. Commonwealth, 459 S.W.3d 349 (Ky. 2015). · cites it 4× “070(l)(e) provides that “offense” is to have the same meaning under both KRS 189A.070(1), the license suspension statute, and KRS 189A.”
Commonwealth v. Steiber, 697 S.W.2d 135 (Ky. 1985). · cites it 3× “The single issue is whether a jury in a driving under the influence trial may be instructed that the defendant’s operator’s license is revoked upon conviction pursuant to KRS 189A.070. Steiber was charged with violation of KRS 189A.”
Sutton v. Transp. Cabinet, 775 S.W.2d 933 (Ky. Ct. App. 1989). · cites it 4× “He sought to enter a driver education program as provided for by KRS 189A.070 and KRS 186.560(6), the successful completion of which permits a first-time violator of KRS 189A.”
Praete v. Commonwealth, 722 S.W.2d 602 (Ky. Ct. App. 1987). · cites it 2× “The only question presented is whether KRS 189A.070 is unconstitutional. Section (1) of KRS 189A.”
Corman v. Commonwealth, 908 S.W.2d 122 (Ky. Ct. App. 1995). “The defendant must also have his license revoked (KRS 189A.070) for such violation, and then the defendant must be found to have been operating a motor vehicle while said license was revoked (and must be so convicted three times in order for the offense to be a felony under 189A.”
Pletcher v. Commonwealth, 992 S.W.2d 852 (Ky. Ct. App. 1998). · cites it 9× “, whereby a convicted habitual violator is precluded from obtaining an operator’s license for a period of five years even if his or her operator’s license has already been revoked for two years based upon a third-offense conviction of driving while intoxicated (DUI) pursuant to…”
Dixon v. Commonwealth, 982 S.W.2d 222 (Ky. Ct. App. 1998). · cites it 8× “As noted above, Dixon’s driver’s license had been suspended in 1994, pursuant to KRS 189A.070, for a period of twelve (12) months until October 31, 1995.”
Hubbard v. Commonwealth, 145 S.W.3d 419 (Ky. Ct. App. 2004). · cites it 6× “KRS 189A.070 provides for license revocations for persons convicted of DUI under KRS 189A.”
Gentry v. Deuth (6th Cir. 2006). “040 (2006) (disallowing felons from possessing firearms); Ky. Rev. Stat. Ann. § 189A.070 (2006) (revoking driver’s license pending alcohol treatment program); Ky.”
— Ky. Rev. Stat. § 189A.070(1) — 2 cases
Butler v. Groce, 880 S.W.2d 547 (Ky. 1994). “The issues raised are whether the period of license revocation provided in KRS 189A.070 is mandatory and not subject to the discretion of the district courts and whether only first offenders may be issued hardship licenses pursuant to KRS 189A.”
Ballinger v. Commonwealth, 459 S.W.3d 349 (Ky. 2015). “070(l)(e) provides that “offense” is to have the same meaning under both KRS 189A.070(1), the license suspension statute, and KRS 189A.”
— Ky. Rev. Stat. § 189A.070(1)(b) — 1 case
Butler v. Groce, 880 S.W.2d 547 (Ky. 1994). “The issues raised are whether the period of license revocation provided in KRS 189A.070 is mandatory and not subject to the discretion of the district courts and whether only first offenders may be issued hardship licenses pursuant to KRS 189A.”
— Ky. Rev. Stat. § 189A.070(3) — 2 cases
Dixon v. Commonwealth, 982 S.W.2d 222 (Ky. Ct. App. 1998). “As noted above, Dixon’s driver’s license had been suspended in 1994, pursuant to KRS 189A.070, for a period of twelve (12) months until October 31, 1995.”
Hubbard v. Commonwealth, 145 S.W.3d 419 (Ky. Ct. App. 2004). “KRS 189A.070 provides for license revocations for persons convicted of DUI under KRS 189A.”
— Ky. Rev. Stat. § 189A.070(l)(a) — 1 case
Div. of Driver Licensing, Dep't of Veh. Reg., Transp. Cabinet v. Bergmann, 740 S.W.2d 948 (Ky. 1987). “On June 7, the Cabinet replied that a hearing would be denied because of the mandatory nature of KRS 189A.070 and also informed him that his revocation period under the same statute would be twelve months because he had a prior DUI conviction.”
— Ky. Rev. Stat. § 189A.070(l)(b) — 4 cases
Butler v. Groce, 880 S.W.2d 547 (Ky. 1994). “The issues raised are whether the period of license revocation provided in KRS 189A.070 is mandatory and not subject to the discretion of the district courts and whether only first offenders may be issued hardship licenses pursuant to KRS 189A.”
Sutton v. Transp. Cabinet, 775 S.W.2d 933 (Ky. Ct. App. 1989). “He sought to enter a driver education program as provided for by KRS 189A.070 and KRS 186.560(6), the successful completion of which permits a first-time violator of KRS 189A.”
Dixon v. Commonwealth, 982 S.W.2d 222 (Ky. Ct. App. 1998). “As noted above, Dixon’s driver’s license had been suspended in 1994, pursuant to KRS 189A.070, for a period of twelve (12) months until October 31, 1995.”
Hubbard v. Commonwealth, 145 S.W.3d 419 (Ky. Ct. App. 2004). “KRS 189A.070 provides for license revocations for persons convicted of DUI under KRS 189A.”
— Ky. Rev. Stat. § 189A.070(l)(c) — 1 case
Pletcher v. Commonwealth, 992 S.W.2d 852 (Ky. Ct. App. 1998). “, whereby a convicted habitual violator is precluded from obtaining an operator’s license for a period of five years even if his or her operator’s license has already been revoked for two years based upon a third-offense conviction of driving while intoxicated (DUI) pursuant to…”
— Ky. Rev. Stat. § 189A.070(l)(e) — 2 cases
Ballinger v. Commonwealth, 459 S.W.3d 349 (Ky. 2015). “070(l)(e) provides that “offense” is to have the same meaning under both KRS 189A.070(1), the license suspension statute, and KRS 189A.”
Pletcher v. Commonwealth, 992 S.W.2d 852 (Ky. Ct. App. 1998). “, whereby a convicted habitual violator is precluded from obtaining an operator’s license for a period of five years even if his or her operator’s license has already been revoked for two years based upon a third-offense conviction of driving while intoxicated (DUI) pursuant to…”
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