Measure sets rules for impaired-driving tests and driving records

Law enforcement agencies may give a preliminary breath test before arrest, and a person's refusal cannot be used against that person or cause a license suspension at arraignment. The rule covers people suspected of violating Kentucky's impaired-driving law before arrest. Officers must tell the person before the test that refusal cannot be used in court or cause an arraignment suspension. The preliminary test is separate from other alcohol tests allowed by law. The rule applies when an officer offers a preliminary breath test before arrest.

In a fatal motor-vehicle crash, an investigating officer must seek a blood-testing warrant unless testing already occurred with consent; medical staff must follow a valid warrant unless collection would seriously harm the patient. The rules cover fatal crashes, people charged with impaired driving, qualified medical professionals, and medical facilities handling court-ordered blood samples. A court may issue a warrant or other order for blood testing. Medical staff do not need additional consent after receiving the warrant or order. Medical staff and facilities are generally protected from criminal or civil liability for administering the requested test, except for gross negligence or willful or wanton misconduct. A convicted person must repay the Commonwealth for testing costs when warrant testing finds alcohol or another substance that impaired driving. The officer must seek the warrant during the investigation of a fatal crash, unless consented testing has already been completed.

The Transportation Cabinet must destroy moving-violation records more than ten years old, while keeping records indefinitely for people who hold, have applied for, or have held a commercial driver's license or permit. The rules cover driving-history records maintained by the Transportation Cabinet, including records for commercial drivers and people under twenty-one whose licenses were suspended under the specified impaired-driving penalty. The Cabinet must not release a qualifying under-21 suspension record. It must destroy that suspension record within five working days after the license is reinstated. The under-21 destruction rule does not apply to a person who holds or must hold a commercial driver's license or permit. The Cabinet charges three dollars for a driving-history record. Moving-violation records are subject to the ten-year limit; qualifying under-21 suspension records must be destroyed within five working days after reinstatement.