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189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal testing.

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189A.103 Consent to tests for alcohol concentration or substance which may impair driving ability -- Test procedures -- Who may administer -- Personal <br>testing. The following provisions shall apply to any person who operates or is in physical control <br>of a motor vehicle or a vehicle that is not a motor vehicle in this Commonwealth: <br>(1) He or she has given his or her consent to one (1) or more tests of his or her blood, breath, and urine, or combination thereof, for the purpose of determining alcohol <br>concentration or presence of a substance which may impair one's driving ability, if <br>an officer has reasonable grounds to believe that a violation of KRS 189A.010(1) or <br>189.520(1) has occurred; (2) Any person who is dead, unconscious, or otherwise in a condition rendering him or her incapable of refusal is deemed not to have withdrawn the consent provided in <br>subsection (1) of this section, and the test may be given; (3) The breath, blood, and urine tests administered pursuant to this section shall be administered at the direction of a peace officer having reasonable grounds to believe <br>the person has committed a violation of KRS 189A.010(1) or 189.520(1). <br>(a) Tests of the person's breath, blood, or urine, to be valid pursuant to this section, shall have been performed according to the administrative regulations <br>promulgated by the secretary of the Justice and Public Safety Cabinet, and <br>shall have been performed, as to breath tests, only after a peace officer has had <br>the person under personal observation at the location of the test for a <br>minimum of twenty (20) minutes. (b) All breath tests shall be administered by a peace officer holding a certificate as an operator of a breath analysis instrument, issued by the secretary of the <br>Justice and Public Safety Cabinet or his or her designee; (4) A breath test shall consist of a test which is performed in accordance with the manufacturer's instructions for the use of the instrument. The secretary of the Justice <br>and Public Safety Cabinet shall keep available for public inspection copies of these <br>manufacturer's instructions for all models of breath testing devices in use by the <br>Commonwealth of Kentucky; (5) When the preliminary breath test, breath test, or other evidence gives the peace officer reasonable grounds to believe there is impairment by a substance which is <br>not subject to testing by a breath test, then blood or urine tests, or both, may be <br>required in addition to a breath test, or in lieu of a breath test; (6) Only a physician, registered nurse, phlebotomist, medical technician, or medical technologist not otherwise prohibited by law can withdraw any blood of any person <br>submitting to a test under this section; and (7) After the person has submitted to all alcohol concentration tests and substance tests requested by the officer, the person tested shall be permitted to have a person listed <br>in subsection (6) of this section of his or her own choosing administer a test or tests <br>in addition to any tests administered at the direction of the peace officer. Tests <br>conducted under this section shall be conducted within a reasonable length of time. <br>Provided, however, the nonavailability of the person chosen to administer a test or tests in addition to those administered at the direction of the peace officer within a <br>reasonable time shall not be grounds for rendering inadmissible as evidence the <br>results of the test or tests administered at the direction of the peace officer. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 214, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 467, sec. 8, effective October 1, 2000. -- Created 1991 (1st Extra. <br>Sess.) Ky. Acts ch. 15, sec. 6, effective July 1, 1991.