Ashland, KY asked in DUI / DWI for Kentucky

Q: Can I be convicted for both a DUI charge and for a refusal to submit to a breath test?

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3 Lawyer Answers

Timothy Denison

Answered
  • DUI & DWI Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes.

Anna Aleksander

Answered
  • DUI & DWI Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: 189A.

105 Effect of refusal to submit to tests

--

Information required to be provided

when tests requested

--

Ignition interlock license

--

Court

-

ordered testing

--

Right to consult attorney before submitting to tests

--

Personal testing option.

(1)

A person

's refusal to submit to tests under KRS 189A.103 shall result in revocation

of his driving privilege as provided in this chapter.

(2)

(a)

At the time a breath, blood, or urine test is requested, the person shall be

informed:

1.

That, if the person refuses

to submit to such tests, the fact of this refusal

Rmay be used against him in court as evidence of violating KRS

189A.010 and will result in revocation of his driver's license, and if the

person refuses to submit to the tests and is subsequently convicted o

f

violating KRS 189A.010(1) then he will be subject to a mandatory

minimum jail sentence which is twice as long as the mandatory

minimum jail sentence imposed if he submits to the tests, and that if the

person refuses to submit to the tests his or her lice

nse will be suspended

by the court at the time of arraignment, and he or she will be unable to

obtain an ignition interlock license during the suspension period;

Larry Forman

PREMIUM
Answered
  • DUI & DWI Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes.

The first is a charge for operating a motor vehicle under the influence under KRS 189A.010.

The second is a an implied consent violation under KRS 189A.103.

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