Kentucky takes a hard line on drivers of commercial vehicles Driving Under the Influence (DUI) of alcohol or other controlled substances.
Essentially, Kentucky does not permit a person to drive a commercial motor vehicle within Kentucky while having any measurable or detectable amount of alcohol or other controlled substances in his system. Pursuant to KRS 281.210, the driver of a commercial motor vehicle inside Kentucky with any detectable amount of alcohol or controlled substance in his (or her) system or who refuses to
submit to the test required in KRS 281A.220 will be placed out of service for twenty-four (24) hours.
Additionally, according to KRS 281A.190, Kentucky disqualifies drivers from driving a commercial motor vehicle for ONE year if convicted of driving a commercial motor vehicle under the influence of alcohol OR for driving said commercial motor vehicle while their blood, breath, or urine alcohol concentration is 0.04 or more OR for leaving the scene of an accident, for using the commercial motor vehicle in the commission of a felony listed in KRS 186.560 OR for refusing to submit to testing pursuant to KRS 281A.220. Note that the disqualification period increases from ONE year to THREE years if the person transported a hazardous material required to be placarded at the time of the violation.
Furthermore, Kentucky disqualifies for LIFE those persons convicted of two (2) or more violations of any of the afore-listed offenses arising from two (2) or more separate incidents. The disqualification for LIFE also applies to persons using a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
Pursuant to Kentucky law, a period of suspension, revocation, or disqualification imposed by Kentucky will not be reduced. Furthermore, after conviction, Kentucky will report the suspension, revocation, or disqualification to the state issuing the commercial driver’s license.
Post by Kentucky DUI Attorney, Stephen J. Isaacs, Isaacs Law Office.
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