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189A.005 Definitions for chapter -- License suspensions.

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189A.005 Definitions for chapter -- License suspensions. As used in this chapter, unless the context requires otherwise: <br>(1) &quot;Alcohol concentration&quot; means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath; (2) &quot;Ignition interlock device&quot; means a device that connects a motor vehicle ignition system or motorcycle ignition system to a breath alcohol analyzer and prevents a <br>motor vehicle ignition or motorcycle ignition from starting, and from continuing to <br>operate, if a driver's breath alcohol concentration exceeds 0.02, as measured by the <br>device; (3) &quot;License&quot; means any driver's or operator's license or any other license or permit to operate a motor vehicle issued under or granted by the laws of this state including: <br>(a) Any temporary license or instruction permit; <br>(b) The privilege of any person to obtain a valid license or instruction permit, or to drive a motor vehicle whether or not the person holds a valid license; and (c) Any nonresident's operating privilege as defined in KRS Chapter 186 or 189; (4) &quot;Limited access highway&quot; has the same meaning as &quot;limited access facility&quot; does in KRS 177.220; (5) &quot;Refusal&quot; means declining to submit to any test or tests pursuant to KRS 189A.103. Declining may be either by word or by the act of refusal. If the breath testing <br>instrument for any reason shows an insufficient breath sample and the alcohol <br>concentration cannot be measured by the breath testing instrument, the law <br>enforcement officer shall then request the defendant to take a blood or urine test in <br>lieu of the breath test. If the defendant then declines either by word or by the act of <br>refusal, he shall then be deemed to have refused if the refusal occurs at the site at <br>which any alcohol concentration or substance test is to be administered; (6) When age is a factor, it shall mean age at the time of the commission of the offense; and (7) Unless otherwise provided, license suspensions under this chapter shall be imposed by the court. The court shall impose the applicable period of license suspension <br>enumerated by this chapter and shall include in its order or judgment the length and <br>terms of any suspension imposed. The license suspension shall be deemed effective <br>on the date of entry of the court's order or judgment. The role of the Transportation <br>Cabinet shall be limited to administering the suspension period under the terms and <br>for the duration enumerated by the court in its order or judgment. Effective: July 15, 2002 <br>History: Amended 2002 Ky. Acts ch. 171, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 467, sec. 1, effective October 1, 2000. -- Created 1991 (1st Extra. <br>Sess.) Ky. Acts ch. 15, sec. 1, effective July 1, 1991.