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. 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 BRAC.
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.)
License Suspension for Refusal to Take Alcohol or Subsequent Tests
It should be noted that all of the offenses listed below are for refusals within a five year period.
|1st Offense 30 to 120 Days
||3rd Offense 24 to 36 Months|
|2nd Offense 12 to 18 Months
||4th 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.
BAC - Stands for Blood Alcohol Concentration and refers to the amount of ethyl alcohol in the blood.
BRAC- Stands for Breath Alcohol Concentration and refers to the amount of ethyl alcohol in the breath.
|Factors Which May Affect
Blood Alcohol Concentration
|Other Factors Which May |
Affect Your Driving Ability
- Body Weight
- Food in the Stomach
- Amount Consumed
- Rate of Consumption
- Prescription Drugs
- Over-the-Counter Drugs
- Inhalants such as glue, gasoline etc.
- Illegal Drugs
The metabolism of alcohol takes place in the liver. The body can burn approximately ½ ounce of alcohol in one hour. The liver eliminates approximately 90 percent of the alcohol from the body. The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time. If you drink or take substances which affect you physically/mentally...DO NOT DRIVE!!!