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)

Official source: refusal penalties (Kentucky)

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

Official source: license suspension for refusing (Kentucky)

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

Sources

  1. Implied consent: KRS 189A.105(1)-(2); KRS 189A.107; KRS 189A.410(3)
  2. License suspension and hearing: KRS 189A.200(1)-(2), (6); KRS 189A.107

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.