What Is KRS 189A.103?
KRS 189A.103 sets out the procedural requirements for blood, breath, and urine testing in Kentucky DUI cases. The proper administration of these tests is critical — and procedural errors can lead to suppression of evidence. People in Lexington, Louisville, and across Kentucky charged with DUI need to understand how these procedures work.
What the Statute Requires
KRS 189A.103 requires that chemical tests be performed:
- Within two hours of the alleged operation of the vehicle
- By a person trained and certified to perform such tests
- Using approved testing equipment
- Following established protocols
Breath Testing Requirements
For breath tests:
- The officer must observe the suspect for 20 minutes before testing
- The instrument must be properly calibrated
- The sample must be collected per protocol
- Results must be properly preserved
Blood Testing Requirements
For blood tests:
- Must be drawn by a qualified medical professional
- Chain of custody must be maintained
- Storage must follow proper procedures
- Lab analysis must be conducted by certified personnel
Why Procedural Errors Matter
If proper procedures aren’t followed under KRS 189A.103, your defense attorney may be able to:
- Suppress the test results entirely
- Challenge the reliability of the evidence
- Negotiate reduced charges
- Obtain dismissal of DUI charges
Common Procedural Issues
- Failure to observe the 20-minute waiting period
- Improperly calibrated breath testing equipment
- Chain of custody breaks for blood samples
- Untrained personnel administering tests
- Improper storage of samples
Clark + Harris Challenges DUI Evidence
An experienced DUI attorney can identify procedural defects that the prosecution hopes you won’t notice. Clark + Harris aggressively challenges DUI testing in Lexington and Louisville cases. Call 859-474-0001 — 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:
- KRS 511.070: Criminal Trespass in the Second Degree
- KRS 514.060: Theft of Lost or Mislaid Property in Kentucky
- KRS 189.140: Windshield and Glass Requirements in Kentucky
- KRS 509.020: Unlawful Imprisonment in the First Degree
- KRS 434.840: Unlawful Access to a Computer in the First Degree
- KRS 189.292: Texting While Driving in Kentucky
- KRS 218A.030: Schedule II Controlled Substances in Kentucky
- KRS 304.39-080: Failure to Maintain Insurance in Kentucky
- KRS 529.040: Promoting Prostitution in Kentucky
How Kentucky Traffic Offenses Escalate Beyond Simple Tickets
Many traffic charges in Kentucky start as what seems like a routine stop but quickly escalate. A speeding ticket becomes reckless driving. A missed court date becomes a failure to appear warrant. A suspended license you didn’t know about becomes a criminal charge. And a DUI with an accident becomes a felony. Understanding where your specific charge falls on the severity spectrum — and what it can escalate into — is essential for making smart decisions about how to handle it.
The Points System and License Consequences
Kentucky uses a 12-point system for traffic violations. Accumulating 12 or more points within a two-year period results in automatic license suspension. Common point values: reckless driving (4 points), speeding 26+ over the limit (6 points), following too closely (3 points), improper passing (4 points). For CDL holders, the consequences are even more severe — certain violations trigger CDL disqualification regardless of point totals. A single serious traffic violation can end a commercial driving career.
Why Paying the Fine Isn’t Always the Smart Move
Insurance premium increases: A single moving violation can increase your insurance premiums by 20-40% for three to five years. On a $2,000/year policy, that’s $1,200-4,000 in additional costs — far more than an attorney’s fee to fight the ticket.
CDL implications: Commercial drivers cannot simply pay tickets and move on. Even minor violations can trigger CDL consequences, employment termination, and career damage.
Criminal record: Some traffic offenses — reckless driving, DUI, hit-and-run, driving on a suspended license — are criminal charges that create a permanent record.
Clark + Harris handles traffic cases across Kentucky with flat-fee pricing that’s almost always less than what you’d pay in increased insurance premiums. Call 859-474-0001.