What is implied consent?

The Commonwealth of Kentucky is an implied consent state and has an implied consent statute in place. See KRS 189a.103. The statute applies to any person who operates or is in physical control of a motor vehicle or a non-motor vehicle anywhere in the Commonwealth of Kentucky.

When a person operates or is in physical control of a motor vehicle or a non-motor vehicle, according to the statute, they have been deemed to have given consent to one or more tests of blood, breath, or urine, for the purpose of determining alcohol concentration or presence of a substance which may impair one’s driving ability.

Refusing to take a test of your breath, blood, and urine, will result in an automatic suspension of your license until your case is resolved. See KRS 189a.105.

If you are charged with a DUI and you refused the test, your chances of beating the charge significantly increase because the state will not be able to pursue your case under the “per se,” namely, the prohibition of operating a motor vehicle with a BAC of 0.08 or greater provision found in KRS 189a.010(1)(a). Their sole avenue of attack will be the officer’s opinion as to your intoxication. See KRS 189a.010(1)(b).

You need competent, aggressive, and experienced counsel to help you fight your DUI case in court. Do not delay, call the DUI Guy today.


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