other controlled substance.
(1) Notwithstanding any other provision of this chapter, a person shall not drive a
commercial motor vehicle within this state while having any measurable or
detectable amount of alcohol or other controlled substances in his system.
(2) A person who drives a commercial motor vehicle within this state while having any
detectable amount of alcohol or controlled substance in his system or who refuses to
submit to the test required in KRS 281A.220, shall be placed out of service for
twenty-four (24) hours.
(3) A person who drives a commercial motor vehicle within this state with an alcohol
concentration of four hundredths (0.04) or more shall be deemed to be operating a
vehicle under the influence.
(4) A person who drives a commercial motor vehicle within this state with an alcohol
concentration of four hundredths (0.04) or more, or who refused to submit to the
test required in KRS 281A.220, in addition to any other sanctions that may be
imposed under this chapter shall be disqualified from driving a commercial motor
vehicle under KRS 281A.190.
Effective: April 7, 1992
History: Amended 1992 Ky. Acts ch. 274, sec. 7, effective April 7, 1992. -- Created
1990 Ky. Acts ch. 455, sec. 21, effective July 1, 1991.
Notes of Decisions
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016).
· cites it 2× “010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.”
Beatus v. Commonwealth, 965 S.W.2d 167 (Ky. Ct. App. 1998).
· cites it 11× “This Court granted discretionary review of a McCracken Circuit Court order which affirmed the McCracken District Court conviction of Thomas Beatas (Beatas) for operating a commercial vehicle under the influence of alcohol (KRS 281A.210) and imposed penalties contained in KRS…”
Commonwealth v. Howard, 969 S.W.2d 700 (Ky. 1998).
“KRS 281A.210(3). We must conclude that the statute in question clearly indicates through its title, preamble and subject matter that underage drinking and driving is one of serious concern.”
Leatherman v. Commonwealth, 357 S.W.3d 518 (Ky. Ct. App. 2011).
· cites it 2× “010 or KRS 281A.210 need not be committed in his presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person has violated KRS 189A.”
— Ky. Rev. Stat. § 281A.210(3) — 1 case
Commonwealth v. Howard, 969 S.W.2d 700 (Ky. 1998).
“KRS 281A.210(3). We must conclude that the statute in question clearly indicates through its title, preamble and subject matter that underage drinking and driving is one of serious concern.”
— Ky. Rev. Stat. § 281A.210(4) — 1 case
Beatus v. Commonwealth, 965 S.W.2d 167 (Ky. Ct. App. 1998).
“This Court granted discretionary review of a McCracken Circuit Court order which affirmed the McCracken District Court conviction of Thomas Beatas (Beatas) for operating a commercial vehicle under the influence of alcohol (KRS 281A.210) and imposed penalties contained in KRS…”
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