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Implied Consent applies to any person who operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle anywhere in Kentucky. When you get your Kentucky Drivers License, you agree to provide blood, breath or urine samples if you are suspected of Driving Under the Influence.

Implied Consent means that when a person operates or is in physical control of a motor vehicle or a vehicle that is not a motor vehicle as defined by statute in Kentucky they have been deemed to have given consent to one (1) or more tests of blood, breath and urine, or combination for the purpose of determining alcohol concentration or presence of a substance which may impair one's driving ability. Only through a test of blood, breath or urine can alcohol levels be accurately measured. The breath test is precise and efficient in measuring BAC.

It analyzes a breath sample to determine the amount of alcohol in the breath. A blood test measures the amount of alcohol in the blood. (Alcohol concentration means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath)

You may lose the right to contest your administrative suspension/revocation and may forfeit your Kentucky Drivers License if you don't launch your defense in a timely fashion.

2^nd Offense 12 to 18 Months 4^th Offense or subsequent-60 Months

Whether you are found guilty or innocent of the DUI charge, you will remain answerable for the Refusal and risk license suspension.

Kentucky DUI PENALTIES
source: http://transportation.ky.gov/drlic/dui/DUI_laws.htm

First Offense Within a Five Year Period

$200 - 500 Fine

2 to 30 Days in Jail

90 Day Alcohol or Substance Abuse Program

30 to 120 Day License Suspension

Possible 48 Hours - 30 Days Community Labor

*If aggravating circumstances present-4 days imprisonment

Second Offense Within a Five Year Period

$350-500 Fine

10 Days-6 Months Community Labor

7 Days - 6 Months in Jail

1 Yr Alcohol or Substance Abuse Treatment

12 to 18 Month License Suspension

*If aggravating circumstances present-14 days imprisonment

Third Offense Within a Five Year Period

Fourth Offense Within a Five Year Period

Class D Felony

Minimum Term 120 Days Imprisonment Without Probation

60 Month License Suspension

1 Year Alcohol or Substance Abuse Treatment