KRS 189A.105: Implied Consent and Refusal of Chemical Tests

What Is KRS 189A.105?

KRS 189A.105 is Kentucky’s implied consent law. By driving on Kentucky roads, you have legally “consented” to chemical testing of your blood, breath, or urine if a law enforcement officer has probable cause to believe you are operating a vehicle under the influence. Refusing these tests has serious consequences — and many drivers in Lexington and Louisville don’t fully understand them until it’s too late.

How the Statute Works

Under KRS 189A.105, when a police officer arrests you for DUI, they can request that you submit to a chemical test. The officer must inform you of the consequences of refusal, including license suspension and the fact that refusal can be used against you at trial.

Consequences of Refusing a Chemical Test

Refusing the chemical test under KRS 189A.105 has steep consequences:

License Suspension: Refusal triggers an automatic license suspension separate from any DUI conviction
Aggravating Circumstance: Under KRS 189A.010, refusal is an aggravating factor that doubles minimum jail time
Use at Trial: Your refusal can be presented to the jury as evidence of guilt
No Hardship License: Refusal may eliminate certain hardship licensing options

Should You Refuse the Test?

This is one of the most important — and complicated — decisions you can make. There are arguments on both sides, and the right answer depends on your specific situation. Generally:

Refusing makes the prosecution’s job harder because they have no BAC evidence
Refusing carries its own penalties even if you’re not convicted of DUI
Submitting and blowing under 0.08 can lead to dismissal
Submitting and blowing over 0.08 makes the case much easier to prove

Pre-Arrest vs. Post-Arrest Testing

Roadside breath tests (PBTs) used as part of field sobriety testing are different from the official post-arrest chemical test. PBTs are not admissible as evidence of impairment but can establish probable cause for arrest. The post-arrest test under KRS 189A.105 is the one with serious legal consequences.

Defenses Related to Implied Consent

An experienced attorney can challenge implied consent issues by:

Disputing whether the officer properly read the implied consent warning
Challenging whether probable cause for the DUI arrest existed
Examining whether you were given an opportunity to contact an attorney before deciding
Questioning the testing procedure and equipment calibration

Clark + Harris Knows DUI Law

If you’re facing a DUI charge with a refusal under KRS 189A.105 in Lexington, Louisville, or anywhere in Kentucky, you need an experienced attorney immediately. Clark + Harris handles DUI cases — including refusal cases — every week. Call us at 859-474-0001. We answer 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: