Kentucky · DUI · Checked October 2026
Refusing a Breath or Blood Test in Kentucky
Refusing a Breath or Blood Test in Kentucky: What Are the Rules?
What happens if you refuse a breath or blood test in Kentucky.
- Refusal penalty
- License suspended by the court at arraignment; a breath-test refusal may be used as evidence in court and doubles the mandatory minimum jail for a second or third DUI within 10 years; a blood-test refusal may not be used as evidence; no hardship license after a refusal
- License suspension for refusing
- License suspended by the court at arraignment for the pendency of the case; if not convicted but the court finds you refused, suspended for the period that would apply upon conviction
Refusal Penalties in Kentucky
license suspended by the court at arraignment; a breath-test refusal may be used as evidence in court and doubles the mandatory minimum jail for a second or third DUI within 10 years; a blood-test refusal may not be used as evidence; no hardship license after a refusalKRS 189A.105(1)-(2); KRS 189A.107; KRS 189A.410(3)
License Suspension for Refusing in Kentucky
license suspended by the court at arraignment for the pendency of the case; if not convicted but the court finds you refused, suspended for the period that would apply upon convictionKRS 189A.200(1)-(2), (6); KRS 189A.107
More on DUI Law in Kentucky
See the full overview of DUI laws in Kentucky and read about implied consent laws in every state.
This page summarizes Kentucky law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Kentucky can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Kentucky?
license suspended by the court at arraignment; a breath-test refusal may be used as evidence in court and doubles the mandatory minimum jail for a second or third DUI within 10 years; a blood-test refusal may not be used as evidence; no hardship license after a refusal
How Long Is the Suspension for Refusing?
license suspended by the court at arraignment for the pendency of the case; if not convicted but the court finds you refused, suspended for the period that would apply upon conviction