DUI/DWI/Drunk Driving - Hardship License In Kentucky
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Kentucky DUI - Hardship License
The State Statutes States:
(189A.410) Purposes for issuance of hardship license -- Use of ignition
interlock device may be required -- Prohibition against issuance when
alcohol or substance test was refused.
(1) At any time following the expiration of the minimum license
suspension periods enumerated in KRS 189A.010(6), 189A.070, and
189A.107, the court may grant the person hardship driving privileges for
the balance of the suspension period imposed by the court, upon written
petition of the defendant, if it finds reasonable cause to believe that
revocation would hinder the person's ability to:
(a) Continue his employment;
(b) Continue attending school or an educational institution;
(c) Obtain necessary medical care;
(d) Attend driver improvement, alcohol, or substance abuse education
programs; or
(e) Attend court-ordered counseling or other programs.
(2) Whenever the court grants a person hardship driving privileges
under subsection (1) of this section, the court through court order, may:
(a) Prohibit the person from operating any motor vehicle or motorcycle
without a functioning ignition interlock device;
(b) Require that the person comply with all of the requirements of KRS
189A.340, except for the requirements found in KRS 189A.340(1); and
(c) Require the person to install an ignition interlock device on every
vehicle owned or leased by the person who is permitted to operate a
motor vehicle under this section.
(3) The court shall not issue a hardship license to a person who has
refused to take an alcohol concentration or substance test or tests
offered by a law enforcement officer.
(189A.420) Required information for issuance of hardship license.
Before granting hardship driving privileges, the court shall order the
defendant to:
(1) Provide the court with proof of motor vehicle insurance;
(2) Provide the court with a written, sworn statement from his employer
detailing his job, hours of employment, and the necessity for the
defendant to use a motor vehicle either in his work or in travel to and
from work (if the license is sought for employment purposes);
(3) If the defendant is self-employed, to provide the information required
in subsection (2) together with a sworn and notarized statement (under
the penalties of false swearing) as to its truth;
(4) Provide the court with a written, sworn statement from the school or
educational institution which he attends, of his class schedule, courses
being undertaken, and the necessity for the defendant to use a motor
vehicle in his travel to and from school or other educational institution (if
the license is sought for educational purposes). Licenses for
educational purposes shall not include participation in sports, social,
extracurricular, fraternal, or other noneducational activities;
(5) Provide the court with a written, sworn statement from a physician, or
other medical professional licensed (but not certified) under the laws of
Kentucky, attesting to the defendant's normal hours of treatment, and the
necessity to use a motor vehicle to travel to and from the treatment (if the
license is sought for medical purposes);
(6) Provide the court with a written, sworn statement from the director of
any alcohol or substance abuse education or treatment program as to
the hours in which the defendant is expected to participate in the
program, the nature of the program, and the necessity for the defendant
to use a motor vehicle to travel to and from the program (if the license is
sought for alcohol or substance abuse education or treatment
purposes);
(7) Provide the court with a copy of any court order relating to treatment,
participation in driver improvement programs, or other terms and
conditions ordered by the court relating to the defendant which require
the defendant to use a motor vehicle in traveling to and from the
court-ordered program. The judge shall include in the order the
necessity for the use of the motor vehicle; and
(8) Provide to the court such other information as may be required by
administrative regulation of the Transportation Cabinet.
(189A.430) Permit card and window decal for hardship driving privileges
-- Requirement to carry permit -- Penalty for failure to display decal.
(1) The cabinet, upon written order of the District Court, shall deliver to
the defendant a permit card setting forth the times, places, purposes,
and other conditions limiting the defendant's use of a motor vehicle.
These terms and conditions shall be set forth in specific terms which
identify permitted activity and specify that all other activity is prohibited.
(2) The grant of hardship driving privileges shall be conditioned upon
the defendant having the permit in his possession at all times during
which he is operating, or authorized to operate, a motor vehicle.
(3) The cabinet shall issue a decal, two (2) inches by three (3) inches, to
be placed on the rear window of the vehicle to be operated by the
defendant. Failure to display the decal shall be a Class B misdemeanor.
(189A.440) Prohibition against use of vehicle other than for purpose
authorized by hardship license -- Penalty -- Penalty for false application
statement.
(1) No defendant who is permitted to have a hardship license shall
operate a motor vehicle at any time, place, or for any purpose other than
those authorized upon the face of the hardship license.
(2) Any defendant who violates the provisions of subsection (1) of this
section is guilty of a Class A misdemeanor, and shall have his license
revoked for the initial period of revocation plus an additional six (6)
months.
(3) Any defendant or any other person who knowingly assists the
defendant in making a false application statement is guilty of a Class A
misdemeanor and shall have his motor vehicle or motorcycle operator's
license revoked for six (6) months.
(189A.450) Service fee for hardship driving privileges.
All persons granted hardship driving privileges shall pay a service fee to
the Transportation Cabinet an amount not to exceed the actual cost to
the Cabinet for issuing the permit card and decal, but not to exceed two
hundred dollars ($200).
The State Statutes States:
(189A.410) Purposes for issuance of hardship license -- Use of ignition
interlock device may be required -- Prohibition against issuance when
alcohol or substance test was refused.
(1) At any time following the expiration of the minimum license
suspension periods enumerated in KRS 189A.010(6), 189A.070, and
189A.107, the court may grant the person hardship driving privileges for
the balance of the suspension period imposed by the court, upon written
petition of the defendant, if it finds reasonable cause to believe that
revocation would hinder the person's ability to:
(a) Continue his employment;
(b) Continue attending school or an educational institution;
(c) Obtain necessary medical care;
(d) Attend driver improvement, alcohol, or substance abuse education
programs; or
(e) Attend court-ordered counseling or other programs.
(2) Whenever the court grants a person hardship driving privileges
under subsection (1) of this section, the court through court order, may:
(a) Prohibit the person from operating any motor vehicle or motorcycle
without a functioning ignition interlock device;
(b) Require that the person comply with all of the requirements of KRS
189A.340, except for the requirements found in KRS 189A.340(1); and
(c) Require the person to install an ignition interlock device on every
vehicle owned or leased by the person who is permitted to operate a
motor vehicle under this section.
(3) The court shall not issue a hardship license to a person who has
refused to take an alcohol concentration or substance test or tests
offered by a law enforcement officer.
(189A.420) Required information for issuance of hardship license.
Before granting hardship driving privileges, the court shall order the
defendant to:
(1) Provide the court with proof of motor vehicle insurance;
(2) Provide the court with a written, sworn statement from his employer
detailing his job, hours of employment, and the necessity for the
defendant to use a motor vehicle either in his work or in travel to and
from work (if the license is sought for employment purposes);
(3) If the defendant is self-employed, to provide the information required
in subsection (2) together with a sworn and notarized statement (under
the penalties of false swearing) as to its truth;
(4) Provide the court with a written, sworn statement from the school or
educational institution which he attends, of his class schedule, courses
being undertaken, and the necessity for the defendant to use a motor
vehicle in his travel to and from school or other educational institution (if
the license is sought for educational purposes). Licenses for
educational purposes shall not include participation in sports, social,
extracurricular, fraternal, or other noneducational activities;
(5) Provide the court with a written, sworn statement from a physician, or
other medical professional licensed (but not certified) under the laws of
Kentucky, attesting to the defendant's normal hours of treatment, and the
necessity to use a motor vehicle to travel to and from the treatment (if the
license is sought for medical purposes);
(6) Provide the court with a written, sworn statement from the director of
any alcohol or substance abuse education or treatment program as to
the hours in which the defendant is expected to participate in the
program, the nature of the program, and the necessity for the defendant
to use a motor vehicle to travel to and from the program (if the license is
sought for alcohol or substance abuse education or treatment
purposes);
(7) Provide the court with a copy of any court order relating to treatment,
participation in driver improvement programs, or other terms and
conditions ordered by the court relating to the defendant which require
the defendant to use a motor vehicle in traveling to and from the
court-ordered program. The judge shall include in the order the
necessity for the use of the motor vehicle; and
(8) Provide to the court such other information as may be required by
administrative regulation of the Transportation Cabinet.
(189A.430) Permit card and window decal for hardship driving privileges
-- Requirement to carry permit -- Penalty for failure to display decal.
(1) The cabinet, upon written order of the District Court, shall deliver to
the defendant a permit card setting forth the times, places, purposes,
and other conditions limiting the defendant's use of a motor vehicle.
These terms and conditions shall be set forth in specific terms which
identify permitted activity and specify that all other activity is prohibited.
(2) The grant of hardship driving privileges shall be conditioned upon
the defendant having the permit in his possession at all times during
which he is operating, or authorized to operate, a motor vehicle.
(3) The cabinet shall issue a decal, two (2) inches by three (3) inches, to
be placed on the rear window of the vehicle to be operated by the
defendant. Failure to display the decal shall be a Class B misdemeanor.
(189A.440) Prohibition against use of vehicle other than for purpose
authorized by hardship license -- Penalty -- Penalty for false application
statement.
(1) No defendant who is permitted to have a hardship license shall
operate a motor vehicle at any time, place, or for any purpose other than
those authorized upon the face of the hardship license.
(2) Any defendant who violates the provisions of subsection (1) of this
section is guilty of a Class A misdemeanor, and shall have his license
revoked for the initial period of revocation plus an additional six (6)
months.
(3) Any defendant or any other person who knowingly assists the
defendant in making a false application statement is guilty of a Class A
misdemeanor and shall have his motor vehicle or motorcycle operator's
license revoked for six (6) months.
(189A.450) Service fee for hardship driving privileges.
All persons granted hardship driving privileges shall pay a service fee to
the Transportation Cabinet an amount not to exceed the actual cost to
the Cabinet for issuing the permit card and decal, but not to exceed two
hundred dollars ($200).
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