Kentucky Statutes 189A.104 – Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A
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(1) The only alcohol or substance testing that is subject to refusal or enhancement of penalties provided for in this chapter is:
(a) Breath analysis testing by an instrument installed, tested, and maintained by the Commonwealth for that specific purpose at a police station or detention facility;
(b) Blood or urine testing at the request of the officer at a police station, detention facility, or medical facility; or
(c) Combination of tests required in paragraphs (a) or (b) of this subsection. (2) The results of any breath analysis by an instrument other than one specified in
subsection (1) of this section shall be inadmissible in court.
Effective:April 6, 2022
History: Amended 2022 Ky. Acts ch. 83, sec. 3, effective April 6, 2022. — Created
2000 Ky. Acts ch. 467, sec. 30, effective October 1, 2000.
(a) Breath analysis testing by an instrument installed, tested, and maintained by the Commonwealth for that specific purpose at a police station or detention facility;
Terms Used In Kentucky Statutes 189A.104
- Refusal: means declining to submit to any test or tests pursuant to KRS §. See Kentucky Statutes 189A.005
(b) Blood or urine testing at the request of the officer at a police station, detention facility, or medical facility; or
(c) Combination of tests required in paragraphs (a) or (b) of this subsection. (2) The results of any breath analysis by an instrument other than one specified in
subsection (1) of this section shall be inadmissible in court.
Effective:April 6, 2022
History: Amended 2022 Ky. Acts ch. 83, sec. 3, effective April 6, 2022. — Created
2000 Ky. Acts ch. 467, sec. 30, effective October 1, 2000.