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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

KENTUCKY

KRS § 189A.010
Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under the influence of alcohol or other substance which impairs driving ability prohibited -- Admissibility of alcohol concentration test results -- Presumptions -- Penalties -- Aggravating circumstances

(1) A person shall not operate or be in physical control of a motor vehicle anywhere in this state:

  1. Having an alcohol concentration of 0.08 or more as measured by a scientifically reliable test or tests of a sample of the person's breath or blood taken within two (2) hours of cessation of operation or physical control of a motor vehicle;
  2. While under the influence of alcohol;
  3. While under the influence of any other substance or combination of substances which impairs one's driving ability;
  4. While under the combined influence of alcohol and any other substance which impairs one's driving ability; . . .

(5) Any person who violates the provisions of paragraph (a), (b), (c), or (d) of subsection (1) of this section shall:

  1. For the first offense within a five (5) year period, be fined not less than two hundred dollars ($ 200) nor more than five hundred dollars ($ 500), or be imprisoned in the county jail for not less than forty-eight (48) hours nor more than thirty (30) days, or both. Following sentencing, the defendant may apply to the judge for permission to enter a community labor program for not less than forty-eight (48) hours nor more than thirty (30) days in lieu of fine or imprisonment, or both. If any of the aggravating circumstances listed in subsection (11) of this section are present while the person was operating or in physical control of a motor vehicle, the mandatory minimum term of imprisonment shall be four (4) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release.
  2. For the second offense within a five (5) year period, be fined not less than three hundred fifty dollars ($ 350) nor more than five hundred dollars ($ 500) and shall be imprisoned in the county jail for not less than seven (7) days nor more than six (6) months and, in addition to fine and imprisonment, may be sentenced to community labor for not less than ten (10) days nor more than six (6) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be fourteen (14) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release.
  3. For a third offense within a five (5) year period, be fined not less than five hundred dollars ($ 500) nor more than one thousand dollars ($ 1,000) and shall be imprisoned in the county jail for not less than thirty (30) days nor more than twelve (12) months and may, in addition to fine and imprisonment, be sentenced to community labor for not less than ten (10) days nor more than twelve (12) months. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be sixty (60) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of early release.
  4. For a fourth or subsequent offense within a five (5) year period, be guilty of a Class D felony. If any of the aggravating circumstances listed in subsection (11) of this section are present, the mandatory minimum term of imprisonment shall be two hundred forty (240) days, which term shall not be suspended, probated, conditionally discharged, or subject to any other form of release.

(11) For purposes of this section, aggravating circumstances are any one (1) or more of
the following:. . .

  1. Operating a motor vehicle that is transporting a passenger under the age of twelve (12)
    years old.

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