08/25/2026
DUI Law Update!
Effective July 15, 2026, Senate Bill 66 changed how Kentucky's implied consent law treats test refusals in a DUI stop.
Previously, refusing any evidentiary test (breath, blood, or urine) carried the same consequences: the refusal could be used against you in court as evidence of a DUI, and it triggered license suspension at arraignment. Urine testing has now been removed as an option altogether.
Under the new law, breath and blood refusals are no longer treated the same:
⚖ Breath test refusal
▪️Can still be used against you in court as evidence of DUI
▪️Still results in license suspension at arraignment
⚖ Blood test refusal
▪️Cannot be used against you in court as evidence of DUI
▪️Still results in license suspension at arraignment
In both cases, a subsequent DUI conviction still results in license suspension, and a second or third refusal within a 10-year period still carries a mandatory minimum jail sentence twice as long as if the person had submitted to testing.
This information is for educational purposes only and should not be relied upon for legal advice. If you have specific questions about your case, give our office a call!