189A.107 License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension. (1) A person who refuses to submit to an alcohol concentration or substance test requested by an officer having reasonable grounds to believe that the person <br>violated KRS 189A.010(1) shall have his driver's license suspended by the court <br>during the pendency of the action under KRS 189A.200. (2) In the event a defendant is not convicted of a violation of KRS 189A.010(1) in a case in which it is alleged that he refused to take an alcohol concentration or <br>substance test, upon motion of the attorney for the Commonwealth, the court shall <br>conduct a hearing, without a jury, to determine by clear and convincing evidence if <br>the person actually refused the testing. However, the hearing shall not be required if <br>the court has made a previous determination of the issue at a hearing held under <br>KRS 189A.200 and 189A.220. If the court finds that the person did refuse to submit <br>to the testing, the court shall suspend the person's driver's license for a period of <br>time within the time range specified that the license would have been suspended <br>upon conviction as set forth in KRS 189A.070(1). Effective: October 1, 2000 <br>History: Amended 2000 Ky. Acts ch. 467, sec. 10, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.
189A.107 License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension. (1) A person who refuses to submit to an alcohol concentration or substance test requested by an officer having reasonable grounds to believe that the person <br>violated KRS 189A.010(1) shall have his driver's license suspended by the court <br>during the pendency of the action under KRS 189A.200. (2) In the event a defendant is not convicted of a violation of KRS 189A.010(1) in a case in which it is alleged that he refused to take an alcohol concentration or <br>substance test, upon motion of the attorney for the Commonwealth, the court shall <br>conduct a hearing, without a jury, to determine by clear and convincing evidence if <br>the person actually refused the testing. However, the hearing shall not be required if <br>the court has made a previous determination of the issue at a hearing held under <br>KRS 189A.200 and 189A.220. If the court finds that the person did refuse to submit <br>to the testing, the court shall suspend the person's driver's license for a period of <br>time within the time range specified that the license would have been suspended <br>upon conviction as set forth in KRS 189A.070(1). Effective: October 1, 2000 <br>History: Amended 2000 Ky. Acts ch. 467, sec. 10, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.
189A.107 License suspension for refusal to take alcohol or substance tests -- Hearing on alleged refusal --Time period for suspension. (1) A person who refuses to submit to an alcohol concentration or substance test requested by an officer having reasonable grounds to believe that the person <br>violated KRS 189A.010(1) shall have his driver's license suspended by the court <br>during the pendency of the action under KRS 189A.200. (2) In the event a defendant is not convicted of a violation of KRS 189A.010(1) in a case in which it is alleged that he refused to take an alcohol concentration or <br>substance test, upon motion of the attorney for the Commonwealth, the court shall <br>conduct a hearing, without a jury, to determine by clear and convincing evidence if <br>the person actually refused the testing. However, the hearing shall not be required if <br>the court has made a previous determination of the issue at a hearing held under <br>KRS 189A.200 and 189A.220. If the court finds that the person did refuse to submit <br>to the testing, the court shall suspend the person's driver's license for a period of <br>time within the time range specified that the license would have been suspended <br>upon conviction as set forth in KRS 189A.070(1). Effective: October 1, 2000 <br>History: Amended 2000 Ky. Acts ch. 467, sec. 10, effective October 1, 2000. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 16, effective July 1, 1991.
