Refusing DUI Test

Kentucky has an implied consent law for drug and alcohol testing when it comes to operating or being in physical control of a motor vehicle.  This means that when you are the operator of a motor vehicle or in control of a motor vehicle you have been deemed by KY law to have already given consent to be tested for the presence of and/or concentration of drugs or alcohol in your system. This can be done through tests of your urine, blood or breath.

When given one or more of these tests the officer requesting them must advise you:

1. If you refuse to take a blood, breath or urine test your driver’s license WILL be revoked.

2. If you refuse to submit to a blood, breath or urine test your refusal can be used against you in court. If you are convicted of violating KRS 189A.010(1) then you will be subject to a mandatory minimum jail sentence which will be double that of the mandatory minimum jail sentence you would have been subject to had you taken the test. This is because refusing to take a blood, breath or urine tests is considered an “aggravating circumstance”.

3. If you refuse to take the test you will NOT be able to get a hardship license during the time that your license is revoked if you are convicted of a DUI.

4. If your alcohol test results are .15 or greater and you are convicted of the DUI you will be subject to mandatory jail time because alcohol levels of .15 and over are considered an “aggravating circumstance”. The mandatory minimum jail sentence will be double the minimum that it would have been had your alcohol level been below .15.

5. After submitting to the requested tests, KRS 189A.103 allows you to have your blood tested by a person of your own choosing within a reasonable amount of time after your arrest. The officer must make reasonable efforts to provide you with transportation to the test.  You are responsible for any costs associated with the test including hospital fees. The officer must advise you of this immediately after administering the last test that you are asked to submit to.

KRS189.103(3) states that you have the right to ATTEMPT to contact an attorney before any test is administered. This statute provides that you are allowed to attempt to contact an attorney at least 10 minutes, but not more than 15 minutes before any test is administered.  Even if you are unable to contact an attorney during this time, the penalties set forth in KRS189A.010 and KRS 189A.107 will still apply if you refuse to take the test(s) requested by law enforcement. You do not have a right to have an attorney present during your testing, but if your attorney can arrive within the time limits established by the KRS, they will be allowed to be present for the testing. These tests are time sensitive and being such are done as quickly as possible to preserve evidence.

If you are charged with a DUI in Fayette (Lexington), Clark (Winchester), Madison (Richmond), Woodford (Versailles) or Jessamine (Nicholasville) or any other county surrounding Lexington, please feel free to give us a call!

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