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The DUI Stop

KRS 189A.103 — consent to a test is implied, and refusing brings a suspension at arraignment

A person who drives or is in physical control of a vehicle has consented to tests of blood, breath or urine when an officer has reasonable grounds to believe a DUI violation occurred. A breath test is valid only after the person has been under an officer's personal observation for at least 20 minutes.

  • KRS 189A.103
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  • The testing a person can refuse, with the consequences that follow, is a breath test on the state's instrument at a police station or jail, or a blood or urine test at a station, jail or medical facility.
  • A breath test on any other instrument is inadmissible in court.
  • KRS 189A.104
  • Refusing a breath test can be used in court as evidence of DUI, and the license is suspended by the court at arraignment.
  • Refusing a blood test is not used as evidence of DUI, but the license is still suspended at arraignment.
  • On a second or third conviction within ten years, a refusal doubles the mandatory minimum jail term.
  • A person who takes a test may have a blood test by a person of the person's own choosing, at the person's expense, within a reasonable time.
  • KRS 189A.105

Testing is also limited by the Fourth Amendment. The Supreme Court of the United States has held that a breath test may be taken without a warrant as part of a lawful arrest for drunk driving and a blood test may not; that a driver may not be criminally punished for refusing a blood test where no warrant was obtained; and that the natural fall of alcohol in the blood does not by itself create an emergency excusing a warrant in every case, which is decided case by case on all the circumstances. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.

  • Birchfield v. North Dakota
  • Missouri v. McNeely
Sources for this section (5)
  1. KRS 189A.103 — Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing
  2. KRS 189A.104 — Alcohol or substance testing subject to refusal or enhancement of penalties under KRS Chapter 189A
  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
  4. Birchfield v. North Dakota, 579 U.S. 438 (2016) — A breath test may be taken incident to arrest, a blood draw needs a warrant
  5. Missouri v. McNeely, 569 U.S. 141 (2013) — The natural fall of blood alcohol is not by itself an emergency justifying a warrantless draw

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.

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