July 15, 2026 | DUI/OVI
Kentucky’s DUI law changed on July 15, 2026, and the changes affect more than just the penalties associated with a DUI conviction. Senate Bill 66 amended several DUI-related statutes, including Kentucky’s implied consent law, the state’s DUI statute, and the law governing preliminary roadside breath tests.
One of the most significant changes involves how Kentucky now treats breath test refusals and blood test refusals. The legislation also revised the warnings officers must provide before requesting chemical testing and expanded the list of substances included in Kentucky’s DUI statute.
What Is Kentucky’s New DUI Law?
The changes come from Senate Bill 66, which was passed by the 2026 Kentucky General Assembly and signed by the Governor on April 23, 2026. The law took effect on July 15, 2026, and amended several Kentucky statutes related to DUI enforcement.
Among the statutes affected are:
- KRS 189A.105: Kentucky’s implied consent law, which requires officers to provide certain warnings before requesting a breath or blood test.
- KRS 189A.010: Kentucky’s primary DUI statute, including provisions related to aggravating circumstances and controlled substances.
- KRS 189A.100: Which governs preliminary roadside breath tests administered before an arrest.
Together, these changes revised how certain chemical test refusals are treated, updated Kentucky’s implied consent warnings, and expanded the list of controlled substances included in the state’s DUI statute.
Breath Test Refusal vs. Blood Test Refusal: The Core Change
Before July 15, 2026, Kentucky generally treated refusals of breath, blood, and urine tests the same. Senate Bill 66 changed that approach by creating different legal consequences depending on which type of chemical test a driver refuses.
Refusing a Breath Test
The consequences of refusing an evidentiary breath test remain largely unchanged. An officer must advise a driver that refusing a breath test may be used as evidence in court during a DUI prosecution and may result in the suspension of the driver’s license at arraignment.
A breath test refusal may also continue to qualify as an aggravating circumstance that can increase the mandatory minimum jail sentence for certain repeat DUI convictions.
Refusing a Blood Test
Refusing a blood test is where the law changed. Under the new laws, refusing a blood test cannot be used as evidence of violating Kentucky’s DUI statute. Blood test refusals were also removed from the list of aggravating circumstances that can increase a mandatory minimum jail sentence.
However, refusing a blood test may still result in the suspension of a driver’s license under Kentucky law. The new legislation changes how a blood test refusal may be used during a criminal prosecution, but it does not eliminate every consequence associated with refusing chemical testing.
New Implied Consent Warnings Required
Kentucky’s implied consent law requires officers to advise drivers of certain rights and consequences before requesting an evidentiary breath or blood test. Because the amended law now treats breath test refusals and blood test refusals differently, the required warnings also changed.
The amended statute also adds a new provision, KRS 189A.105(2)(d). If you were not informed of the advisories required by KRS 189A.105(2)(a) before the officer requested a breath or blood test, then your refusal:
- Cannot be used against you in court as evidence of violating KRS 189A.010;
- Cannot be treated as an aggravating circumstance under KRS 189A.010(11); and
- Cannot be the basis for suspending your license at arraignment.
In plain terms, the warning is no longer a formality. If the officer skipped it, the statute itself now spells out the consequences. Whether that applies to your case depends on the facts, the citation, and any recording of the stop.
New Substances Added to Kentucky’s DUI Statute
The amended law also expanded KRS 189A.010 by adding clonazepam, cyclobenzaprine, and fentanyl to the list of controlled substances referenced in Kentucky’s DUI statute.
Kentucky law also contains provisions addressing valid prescriptions in certain circumstances. However, those provisions do not prevent the Commonwealth from pursuing a DUI charge based on alleged impairment.
Which Version of the Law Applies to My Case?
The amended law took effect on July 15, 2026. If your DUI arrest occurred around that date, the version of Kentucky law that applies to your case may depend on when the alleged offense occurred.
Because the amended law changed the rules governing chemical test refusals and implied consent warnings, determining which version of the law applies may affect how those issues are addressed in your case.
Contact Suhre & Associates DUI and Criminal Defense Lawyers To Schedule a Free Consultation With a Northern Kentucky DUI Attorney
Kentucky’s July 15, 2026, DUI law changes revised how breath and blood test refusals are treated, updated the state’s implied consent warnings, and expanded the list of controlled substances referenced in Kentucky’s DUI statute.
If you have been charged with DUI in Northern Kentucky, Suhre & Associates DUI and Criminal Defense Lawyers can explain how Kentucky’s amended DUI laws may apply to your case. Contact us today to schedule a free consultation with a Northern Kentucky DUI lawyer.
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