Refusing the Test
KRS 189A.105 — a refusal suspends the license, and a breath refusal can be used in court
- Refusing a breath test may be used in court as evidence of DUI, and the court suspends the license at arraignment.
- Refusing a blood test may not be used as evidence of DUI, but the court still suspends the license at arraignment.
- Before any test, the person has at least ten and not more than fifteen minutes to try to reach an attorney, and is told of that right.
If the person is not convicted of DUI, the prosecutor may ask for a hearing, and if the court finds by clear and convincing evidence that the person refused, it suspends the license for the period that would have followed a conviction. The court may allow an application for an ignition interlock license for that time.
A court may not issue a hardship license to a person who refused a test offered by an officer.
Sources for this section (3)
- KRS 189A.105 — Effect of refusal to submit to tests -- Information required to be provided when tests requested -- Court-ordered testing -- Withdrawal of blood sample -- Right to consult attorney before submitting to tests -- Personal testing option
- KRS 189A.107 — License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal -- Time period for suspension -- Notice to Transportation Cabinet
- KRS 189A.410 — Hardship license -- Prohibition against issuance when alcohol or substance test refused
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.