Implied consent — Kentucky Permit Test

Kentucky's implied consent law means that by operating a vehicle a driver has already consented to a lawfully requested test of blood, breath or urine.

The agreement was made when the car was driven, not when the officer asked.

Kentucky implied consent law is based on the principle that when you operate a vehicle, you have implicitly consented to a lawfully requested test of your blood, breath, urine, or any combination of these tests.

An officer who suspects impaired driving may request a test of blood, breath, urine or any combination of these.

The officer picks the test, not the driver, and more than one can be asked for.

If you are stopped by a law enforcement officer and suspected of operating a motor vehicle under the influence of alcohol or other substance, the officer may request you to submit to a test of your blood, breath, urine, or any combination of these tests.

Implied consent laws vary by state, and the law that applies is the one of the state where the driver is arrested rather than where the license was issued.

A Kentucky license does not bring Kentucky's rules along on a trip out of state.

implied consent laws vary by state, the law applies to the state where you are arrested, not the state where you got your license.

Refusing a requested breath, blood or urine test in Kentucky may result in the court suspending the driver's license.

Refusing is not a way out. The license goes either way, and refusing adds to the charge.

If a police officer requests that you submit to a test of your breath, blood, or urine, or any combination of these tests and you refuse to submit to any requested test, your refusal may result in the suspension of your driver’s license by the court and if you are convicted of violating KRS 189A.010 (DUI), will result in your license being suspended by the Transportation Cabinet.

A refusal may be used against a Kentucky driver in court as evidence of violating the DUI statute.

Saying no does not make the stop go away. The refusal is shown to the court as proof.

If you refuse to submit to the breath, blood, or urine tests, this refusal may be used against you in court as evidence of your violation of KRS 189A.010 (DUI).

For a second or greater DUI offense within ten years, a refusal of a breath or urine test is an aggravating circumstance and doubles the mandatory minimum jail sentence.

The refusal turns into extra jail time rather than less, on the second offense.

In addition, if you are subsequently convicted of KRS 189A.010, for a second or greater offense within a ten (10) year period, your refusal of a breath or urine test will be considered an aggravating circumstance and you will be subject to a mandatory minimum jail sentence which is twice as long as the mandatory minimum jail sentence imposed if you submit to the tests.

A Kentucky driver who takes the test has the right to an independent blood test by a person of their choosing, within a reasonable time of arrest and at their own expense.

The right exists, but the driver pays for it and has to ask in time.

If you take the test or tests, you have the right to have a test or tests of your blood performed by a person of your choosing described in KRS 189A.103 (a physician, registered nurse, phlebotomist, medical technician, or medical technologist not otherwise prohibited by law) within a Section Three:

Before any test is administered, a Kentucky driver must be given at least ten minutes but not more than fifteen minutes to try to contact an attorney.

Those minutes are a right, and they are counted before the machine is used.

During the period immediately preceding the administration of any test, you will be afforded an opportunity of at least ten (10) minutes but not more than fifteen (15) minutes to attempt to contact and communicate with an attorney.

What does Kentucky's implied consent law mean?

Operating a vehicle is consent to a lawfully requested test. The agreement was made when the car was driven, not when the officer asked. Kentucky Driver Manual, p.26: “Kentucky implied consent law is based on the principle that when you operate a vehicle, you have implicitly consented to a lawfully requested test of your blood, breath, urine, or any combination of these tests.”