Kentucky’s legislature is working at toughening Kentucky’s Driving Under the Influence (DUI) laws. The following list contains the latest updates to the proposed changes current to February 26, 2011:
HB 328 - Amend KRS 189A.010 - Kentucky’s driving under the influence law - to subject a person who commits a subsequent DUI while a charge for a prior DUI offense is pending to sentencing as an aggravated DUI offender. The bill was introduced to the House on February 3 and to the House Judiciary on February 4, 2011.
SB 141; HB 58 - Amend KRS 189A.005 to expand the definition of "ignition interlock device"; amend KRS 189A.010 to include driving the wrong way on a four-lane highway among the list of factors for triggering aggravated DUI penalties; amend KRS 189A.070 to provide that a reduction in the time period of a license revocation does not lessen the time required for ignition interlock usage; amend KRS 189A.085 to run the period of a license plate impoundment from the date of sentencing to the day the offender is authorized to resume driving and require ignition interlock usage beginning with the first DUI offense; amend KRS 189A.340 to establish an assistance fund for indigent defendants; amend 189A.345 to establish penalties for operating a vehicle without a device when prohibited from doing so; create new sections of KRS Chapter 189A to establish the ignition interlock program, require the promulgation of administrative regulations, and allow a defendant who committed an offense prior to the effective date to elect to be governed by the Act; amend KRS 189A.410 to require ignition interlock usage while an offender is driving on a hardship license amend 186.572 to provide that penalty points assessed against a person's license shall expire only after participation in the interlock ignition program; amend 189A.090 to conform. The bill was introduced to the Senate on February 9, 2011 and to the Senate Judiciary on February 11, 2011.
HB 58 - Amendments - Replace provisions of the bill with new sections to amend KRS 189A.005 to expand the types of allowable ignition interlock devices; amend KRS 189A.010 to include driving the wrong way on a four-lane highway in the list of aggravating circumstances for DUI; amend KRS 189A.070 relating to license revocations to provide for new license revocations periods subject to conditional reinstatement if the offender participates in the ignition interlock program; amend KRS 189A.085 to require license plate impoundment only during the period that a person's license is revoked; amend KRS 189A.340 to specify the circumstances and timelines during which a license may be conditionally reinstated contingent upon interlock usage and to delineate the terms, conditions, and operation of the ignition interlock program; amend KRS 189A.345 to provide the penalty for operating a vehicle without an interlock when one is required; create a new section of KRS Chapter 189A to establish an ignition interlock assistance fund operated by the Transportation Cabinet for indigent offenders; create a new section of KRS Chapter 189A to allow the Transportation Cabinet to promulgate regulations related to the bill; create a new section of KRS Chapter 189A to allow offenders committing an offense prior to the effective date of the bill to opt to be governed by the bill's provisions; amend KRS 189A.410 to limit the availability of hardship licenses to persons committing offenses prior to the effective date of the bill; amend KRS 186.572 to require the imposition of sufficient points to prohibit full re-licensure with the points being removed only after the offender has been fully compliant with ignition interlock usage for a full 120 day period; amend KRS 189A.090 to conform.
HFA - Insert provisions to amend KRS 189A.050 to require a person convicted of DUI to pay the cost of drawing blood for testing; amend KRS 189A.103 to provide that a DUI suspect shall bear the cost of any additional testing done of the suspect's blood, breath, or urine if the additional testing is done at the request of the suspect and after the testing directed by the arresting officer.This bill passed the House on February 8, 2011 and was sent to the Senate.