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Kentucky driving lesson · Fit to Drive

BAC limits & implied consent

A 3-minute lesson from the Kentucky course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
3 minutes
Course unit
Fit to Drive
Checkpoint questions
6
Source pages
32, 33

Kentucky's DUI law covers anyone who operates or is in physical control of a vehicle while impaired by alcohol or another substance. And by driving, you've agreed in advance to chemical testing if an officer lawfully asks.

When alcohol concentration is illegal

When alcohol concentration is illegal
DriverViolation at
21 and older0.08 or above
Under 210.02 or more
Any driver with evidence of impaired drivingUnder 0.08 can still be DUI
Handbook p. 32 ↗

Implied consent

By operating a vehicle, you've implicitly consented to a lawfully requested test of your blood, breath, urine, or any combination, to find alcohol or impairing substances.

Handbook p. 32 ↗

Know the rule

Implied consent law applies based on the state where you're arrested, not the state where you got your license.

Handbook p. 32 ↗

If you refuse a requested test:

  • The court may suspend your license
  • If you're convicted of DUI, the Transportation Cabinet suspends your license
  • Your refusal can be used against you in court as evidence of DUI
  • On a 2nd+ DUI within 10 years, refusing breath or urine is aggravating: double the minimum jail time
Handbook p. 32 ↗

If you take the test:

  • The results can be used against you in court as evidence of DUI
  • You may get your own blood test within a reasonable time, at your expense
  • It can be done by a physician, RN, phlebotomist, medical technician or medical technologist
Handbook p. 32 ↗

Know the rule

Although your license will be suspended, you may be immediately eligible for an ignition interlock license to drive during the suspension, with credit toward any later interlock requirement if convicted.

Handbook p. 33 ↗
10–15 minutes

Time you're given to try to contact an attorney before any test

Handbook p. 33 ↗

Ignition interlock device

A device a court may order installed on a DUI violator's vehicle. It prevents the driver from operating that vehicle if breath-alcohol concentration exceeds .02.

Handbook p. 33 ↗

Put it into practice

You're 20 and blow 0.03 at a traffic stop. That's far below 0.08, but drivers under 21 violate the law at 0.02 or more—so you're in violation.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

In Kentucky, it is illegal for a driver 21 or older to operate a vehicle with a blood alcohol concentration of:
  1. 0.02 or above
  2. 0.05 or above
  3. 0.08 or above
  4. 0.10 or above

Answer: 0.08 or above

A driver 21 or older violates DUI law with a BAC of 0.08 or above.

Handbook p. 32 ↗
For a driver under 21, Kentucky's DUI law is violated at a BAC of:
  1. 0.08 or more
  2. 0.04 or more
  3. 0.05 or more
  4. 0.02 or more

Answer: 0.02 or more

Drivers under 21 are in violation of the law with an alcohol concentration of 0.02 or more.

Handbook p. 32 ↗
Under Kentucky's implied consent law, when you operate a vehicle you have already agreed to:
  1. A lawful blood, breath, or urine test
  2. A mandatory ignition interlock
  3. Random roadside interviews
  4. A blood test only, never breath or urine

Answer: A lawful blood, breath, or urine test

Implied consent means operating a vehicle implies consent to a lawfully requested blood, breath, or urine test.

Handbook p. 32 ↗
Kentucky's implied consent law applies based on:
  1. Your state of permanent residence
  2. The state where you are arrested
  3. Whichever state has stricter penalties
  4. The state where you obtained your license

Answer: The state where you are arrested

Although implied consent laws vary by state, the law that applies is that of the state where you are arrested.

Handbook p. 32 ↗
Before administering a chemical test, how long must you be given to try to contact an attorney?
  1. No time is required by law
  2. At least 30 minutes
  3. Exactly 5 minutes
  4. 10 to 15 minutes

Answer: 10 to 15 minutes

You are afforded at least 10 but not more than 15 minutes to attempt to contact an attorney.

Handbook p. 33 ↗
If you submit to a police-requested chemical test, you also have the right to:
  1. Have the test repeated by the officer
  2. Refuse to sign the citation
  3. Have your own blood test done, at your expense
  4. Refuse any later breath test

Answer: Have your own blood test done, at your expense

You have the right to have an additional test of your blood performed by a person of your choosing, at your own expense.

Handbook p. 32 ↗
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