influence prohibited -- Operating motor vehicle without ignition interlock
license or hardship license prohibited -- Penalties.
(1) No person shall operate or be in physical control of a motor vehicle or motorcycle
while his or her license is suspended under this chapter, unless the person has a
valid:
(a) Ignition interlock license in the person's possession and:
1. The motor vehicle or motorcycle is equipped with a functioning ignition
interlock device; or
2. The person is operating or in physical control of an employer's motor
vehicle or motorcycle in accordance with KRS 189A.340(6); or
(b) Hardship license in the person's possession.
(2) In addition to the period of license suspension imposed by KRS 189A.070, any
person who violates subsection (1) of this section shall:
(a) For a first offense within a ten (10) year period, be guilty of a Class B
misdemeanor and have his or her license suspended by the Transportation
Cabinet for six (6) months, unless at the time of the offense the person was
also operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty
of a Class A misdemeanor and have his or her license suspended by the
Transportation Cabinet for a period of one (1) year;
(b) For a second offense within a ten (10) year period, be guilty of a Class A
misdemeanor and have his or her license suspended by the Transportation
Cabinet for one (1) year, unless at the time of the offense the person was also
operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty
of a Class D felony and have his or her license suspended by the
Transportation Cabinet for a period of two (2) years; and
(c) For a third or subsequent offense within a ten (10) year period, be guilty of a
Class D felony and have his or her license suspended by the Transportation
Cabinet for two (2) years, unless at the time of the offense the person was also
operating or in physical control of a motor vehicle in violation of KRS
189A.010(1)(a), (b), (c), (d), or (e), in which event the person shall be guilty
of a Class D felony and have his or her license suspended by the
Transportation Cabinet for a period of five (5) years.
(3) Any person who violates subsection (1) of this section may apply for an ignition
interlock license for the remainder of the original period of suspension under KRS
189A.070 and for the entire period of the new suspension if the person is and
remains otherwise eligible for such license pursuant to KRS 189A.340.
(4) The ten (10) year period under this section shall be measured in the same manner as
in KRS 189A.070.
Effective: July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 7, effective July 1, 2020. -- Amended
2016 Ky. Acts ch. 85, sec. 3, effective April 9, 2016. -- Amended 2015 Ky. Acts ch.
124, sec. 4, effective June 24, 2015. -- Amended 2010 Ky. Acts ch. 149, sec. 22,
effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 171, sec. 3, effective July 15,
2002. -- Amended 2000 Ky. Acts ch. 467, sec. 7, effective October 1, 2000. --
Amended 1991 1st Extra. Sess. Acts ch. 15, sec. 22, effective July 1, 1991. -- Created
1984 Ky. Acts ch. 165, sec. 9, 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 3 of that Act.
Notes of Decisions
Cited in
24
cases (
5 in the last 5 years), 1990–2026 · leading case:
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
· cites it 8× “[3] As of May 30, 2000, KRS 189A.090 did not require that the prior OSL/DUI convictions have occurred within five years of the present offense.”
Commonwealth v. Garnett, 8 S.W.3d 573 (Ky. Ct. App. 1999).
· cites it 11× “” 1 KRS 189A.090 provides that: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002).
· cites it 3× “KRS 189A.090. 4 .We assume, on the basis of this limited record, that Stephenson was convicted in Indiana of an earlier version of Operation of Vehicle While Intoxicated in violation of Ind.”
Corman v. Commonwealth, 908 S.W.2d 122 (Ky. Ct. App. 1995).
· cites it 4× “The statute under which appellant was prosecuted in 1989 for his prior felony was KRS 189A.090, which provides in pertinent part: No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
Commonwealth of Kentucky v. William Fugate, 527 S.W.3d 43 (Ky. 2017).
· cites it 3× “Because he was twice convicted of the same offense in 2012, the Commonwealth charged him under the enhancement provision in KRS 189A.”
Jones v. Commonwealth, 279 S.W.3d 522 (Ky. 2009).
· cites it 4× “[7] KRS 189A.090(2)(b) provides that a second offense of operating a motor vehicle with a DUI-suspended license is a Class A misdemeanor unless at the time of the offense the person was also guilty of DUI, in which case the offense is a Class D felony.”
Toppass v. Commonwealth, 799 S.W.2d 587 (Ky. Ct. App. 1990).
· cites it 6× “The applicable statute is KRS 189A.090, passed as part of the “slammer bill” which went into effect July, 1984 and which reads as follows: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
Greene v. Commonwealth, 244 S.W.3d 128 (Ky. Ct. App. 2008).
“010); and operating a motor vehicle while his license was revoked or suspended for driving under the influence (KRS 189A.090). Prior to trial, Greene moved to suppress evidence seized and statements which he made following a traffic stop on April 20, 2005.”
Lay v. Commonwealth, 207 S.W.3d 18 (Ky. Ct. App. 2006).
· cites it 6× “He also pled guilty to operating a motor vehicle while his license was suspended for DUI, which is addressed by KRS 189A.090 as follows: (1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.”
Estis v. Commonwealth, 864 S.W.2d 317 (Ky. Ct. App. 1993).
· cites it 5× “KRS 189A.090 provides in pertinent part as follows: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
Zanders v. Commonwealth, 572 S.W.3d 76 (Ky. Ct. App. 2019).
“For the foregoing reasons, we vacate the Fayette Circuit Court's order and judgment on conditional guilty plea and final sentence of imprisonment entered July 17, 2017, and remand for further proceedings consistent with this opinion.”
Commonwealth v. Duncan, 939 S.W.2d 336 (Ky. 1997).
“Our Court of Appeals has previously held that driving history records can be used in a prosecution under KRS 189A.090 to prove that the suspension in effect at the time of the offense was for DUI, where independent evidence of the DUI convictions was introduced.”
— Ky. Rev. Stat. § 189A.090(1) — 7 cases
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
“[3] As of May 30, 2000, KRS 189A.090 did not require that the prior OSL/DUI convictions have occurred within five years of the present offense.”
Lay v. Commonwealth, 207 S.W.3d 18 (Ky. Ct. App. 2006).
“He also pled guilty to operating a motor vehicle while his license was suspended for DUI, which is addressed by KRS 189A.090 as follows: (1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.”
— Ky. Rev. Stat. § 189A.090(2) — 2 cases
Commonwealth v. Garnett, 8 S.W.3d 573 (Ky. Ct. App. 1999).
“” 1 KRS 189A.090 provides that: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
— Ky. Rev. Stat. § 189A.090(2)(B) — 1 case
Zanders v. Commonwealth, 572 S.W.3d 76 (Ky. Ct. App. 2019).
“For the foregoing reasons, we vacate the Fayette Circuit Court's order and judgment on conditional guilty plea and final sentence of imprisonment entered July 17, 2017, and remand for further proceedings consistent with this opinion.”
— Ky. Rev. Stat. § 189A.090(2)(a) — 3 cases
Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002).
“KRS 189A.090. 4 .We assume, on the basis of this limited record, that Stephenson was convicted in Indiana of an earlier version of Operation of Vehicle While Intoxicated in violation of Ind.”
— Ky. Rev. Stat. § 189A.090(2)(b) — 5 cases
Jones v. Commonwealth, 279 S.W.3d 522 (Ky. 2009).
“[7] KRS 189A.090(2)(b) provides that a second offense of operating a motor vehicle with a DUI-suspended license is a Class A misdemeanor unless at the time of the offense the person was also guilty of DUI, in which case the offense is a Class D felony.”
Lay v. Commonwealth, 207 S.W.3d 18 (Ky. Ct. App. 2006).
“He also pled guilty to operating a motor vehicle while his license was suspended for DUI, which is addressed by KRS 189A.090 as follows: (1) No person shall operate or be in physical control of a motor vehicle while his license is revoked or suspended under KRS 189A.”
— Ky. Rev. Stat. § 189A.090(2)(c) — 6 cases
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
“[3] As of May 30, 2000, KRS 189A.090 did not require that the prior OSL/DUI convictions have occurred within five years of the present offense.”
Commonwealth v. Stephenson, 82 S.W.3d 876 (Ky. 2002).
“KRS 189A.090. 4 .We assume, on the basis of this limited record, that Stephenson was convicted in Indiana of an earlier version of Operation of Vehicle While Intoxicated in violation of Ind.”
Jones v. Commonwealth, 279 S.W.3d 522 (Ky. 2009).
“[7] KRS 189A.090(2)(b) provides that a second offense of operating a motor vehicle with a DUI-suspended license is a Class A misdemeanor unless at the time of the offense the person was also guilty of DUI, in which case the offense is a Class D felony.”
Toppass v. Commonwealth, 799 S.W.2d 587 (Ky. Ct. App. 1990).
“The applicable statute is KRS 189A.090, passed as part of the “slammer bill” which went into effect July, 1984 and which reads as follows: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
— Ky. Rev. Stat. § 189A.090(2)(e) — 1 case
— Ky. Rev. Stat. § 189A.090(3) — 2 cases
Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004).
“[3] As of May 30, 2000, KRS 189A.090 did not require that the prior OSL/DUI convictions have occurred within five years of the present offense.”
Toppass v. Commonwealth, 799 S.W.2d 587 (Ky. Ct. App. 1990).
“The applicable statute is KRS 189A.090, passed as part of the “slammer bill” which went into effect July, 1984 and which reads as follows: (1) No person shall operate a motor vehicle while his license is revoked or suspended for violation of KRS 189A.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.