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Implied Consent

By Stephen J. Isaacs, Esq.

Few people charged with DUI realize that they have statutory rights under Kentucky's implied consent laws, KRS 189A.103 and KRS 189A.105, which can protect them from inappropriate police procedure when the police are attempting to obtain evidence of their impairment.  The arresting police officer must comply with this statute or find himself violating the accused person's statutory rights.  According to KRS 189A.105:  At the time a breath, blood, or urine test is requested, the person shall be informed: 1. That, if the person refuses to submit to such tests, the fact of this refusal may be used against him in court as evidence of violating KRS 189A.010 and will result in revocation of his driver's license, and if the person refuses to submit to the tests and is subsequently convicted of violating KRS 189A...continue to full post

Full post as published by Kentucky DUI Defense Lawyer on February 27, 2011 (boomark / email).