Kentucky DUI DWI Breath Test refusal 

"Refusal" Penalties for 2007

If apply for a license and use it you are deemed to have given your consent to tests of your blood, breath, or urine for purposes of determining alcohol concentration. This is called the implied consent law.

At the testing site, at the time a chemical test is requested, you shall be informed that:

1. a refusal may be used against you in court as evidence and will result in revocation of your driver's license;
2. if you refuse and are subsequently convicted of DUI you will be subject to a mandatory jail sentence which is twice as long as the mandatory jail sentence imposed if you submit to the tests; and
3. if you refuse you will not be able to obtain a hardship license.

If you submit to the requested tests, you have the right to a test or tests of your blood performed by a person of your choosing within a reasonable time and at your expense. You must be advised of this right and specifically asked, "Do you want such a test?" Remember you must submit to all requested police chemical tests, except a portable breath test, before you have the right to an independent test.

Even if you are acquitted of the DUI at trial, the Department of Transportation will suspend your license for refusing to submit to a chemical test. For a DUI first offense refusal, a driver's license shall be suspended for 30 days to 120 days. For a DUI second offense refusal, a driver's license shall be suspended for 12 months to 18 months. For a DUI third offense refusal, a driver's license shall be suspended for 24 months to 36 months. For a DUI fourth offense refusal, a driver's license shall be suspended for sixty (60) month

Only a "not guilty" verdict or other non-DUI disposition of the case will prevent theseconsequences.  This puts a premium on winning your DUI case, or obtaining a non-DUI disposition.

Louisville Criminal  Louisville DUI Criminal

Louisville Lawyers Attorneys  

Need to get your license back after an uncovered insurance accident.   You can get it back after filing bankruptcy if you lost it due to no insurance coverage.

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