186.560 Mandatory revocation or denial of license -- Causes -- Period of revocation or denial -- Prohibition against reductions of certain revocations or denials -- Limited exception relating to enrollment in alcohol or substance abuse education or treat ment programs. (1) The cabinet shall forthwith revoke the license of any operator of a motor vehicle upon receiving record of his or her: (a) Conviction of any of the following offenses: 1. Murder or manslaughter resulting from the operation of a m otor vehicle; 2. Driving a vehicle which is not a motor vehicle while under the influence of alcohol or any other substance which may impair one's driving ability; 3. Perjury or the making of a false affidavit under KRS 186.400 to 186.640 or any law requir ing the registration of motor vehicles or regulating their operation on highways; 4. Any felony in the commission of which a motor vehicle is used; 5. Conviction or forfeiture of bail upon three (3) charges of reckless driving within the preceding twelve ( 12) months; 6. Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident; 7. kless driving within the preceding twelve ( 12) months; 6. Conviction of driving a motor vehicle involved in an accident and failing to stop and disclose his identity at the scene of the accident; 7. Conviction of theft of a motor vehicle or any of its parts, including the conviction of any person under the age of eighteen (18) years; 8. Failure to have in full force and effect the security required by Subtitle 39 of KRS Chapter 304 upon conviction of a second and each subsequent offense within any five (5) year period; 9. Conviction for fraudulent use of a driver's license or use of a fraudulent driver's license to purchase or attempt to purchase alcoholic beverages, as defined in KRS 241.010, in viola tion of KRS 244.085(4); 10. Conviction of operating a motor vehicle, motorcycle, or moped without an operator's license as required by KRS 186.410; 11. Conviction of fleeing or evading police in the second degree when the offense involved the operation of a motor vehicle; and 12. Conviction of violating the provisions of KRS 189.290(3) or (4); or (b) Being found incompetent to stand trial under KRS Chapter 504. en the offense involved the operation of a motor vehicle; and 12. Conviction of violating the provisions of KRS 189.290(3) or (4); or (b) Being found incompetent to stand trial under KRS Chapter 504. (2) If the person convicted of any offense named in subsection (1) of this section or who is foun d incompetent to stand trial is not the holder of a license, the cabinet shall deny the person so convicted a license for the same period of time as though he or she had possessed a license which had been revoked. If through an inadvertence the defendant s hould be issued a license, the cabinet shall forthwith cancel it. (3) The cabinet, upon receiving a record of the conviction of any person upon a charge of operating a motor vehicle while the license of that person is denied, or suspended, or revoked, or w hile his privilege to operate a motor vehicle is withdrawn, shall immediately extend the period of the first denial, suspension, revocation, or withdrawal for an additional like period. (4) The revocation or denial of a license or the withdrawal of the pri vilege of operating a motor vehicle for a violation of subsection (1)(a)1. ocation, or withdrawal for an additional like period. (4) The revocation or denial of a license or the withdrawal of the pri vilege of operating a motor vehicle for a violation of subsection (1)(a)1. of this section shall be for a period of not less than five (5) years. Revocations or denials under this section shall not be subject to any lessening of penalties authorized under any other provision of this section or any other statute. (5) Except as provided in subsections (3), (4), (8), and (9) of this section, in all other cases, the revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicl e under this section shall be for a period of six (6) months, except that if the same person has had one (1) previous conviction of any offense enumerated in subsection (1) of this section, regardless of whether the person's license was revoked because of the previous conviction, the period of the revocation, denial, or withdrawal shall be one (1) year. If the person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardl ess of whether the person's license was revoked e person has had more than one (1) previous conviction of the offenses considered collectively as enumerated in subsection (1) of this section, regardl ess of whether the person's license was revoked for any previous conviction, the period of revocation, denial, or withdrawal shall be for not less than two (2) years. If the cabinet, upon receipt of the written recommendation of the court in which any pers on has been convicted of violating KRS 189.520(1) or 244.085(4) as relates to instances in which a driver's license or fraudulent driver's license was the identification used or attempted to be used in the commission of the offense, who has had no previous conviction of said offense, the person's operator's license shall not be revoked, but the person's operator's license shall be restricted to any terms and conditions the secretary in his discretion may require, provided the person has enrolled in an alcoh ol or substance abuse education or treatment program as the cabinet shall require. If the person fails to satisfactorily complete the education or treatment program or violates the restrictions on his operator's license, the cabinet shall immediately revok e his operator's require. If the person fails to satisfactorily complete the education or treatment program or violates the restrictions on his operator's license, the cabinet shall immediately revok e his operator's license for a period of six (6) months. (6) In order to secure the reinstatement of a license to operate a motor vehicle or motorcycle restored following a period of suspension pursuant to KRS Chapter 189A, the person whose license is susp ended shall comply with the fees and other procedures of the Transportation Cabinet with regard to the reinstatement of suspended licenses. (7) The cabinet shall revoke the license of any operator of a motor vehicle upon receiving notification that the per son is under age eighteen (18) and has dropped out of school or is academically deficient, as defined in KRS 159.051(1). (8) A person under the age of eighteen (18) who is convicted of the offenses of subsections (1) or (3) of this section, except for subs ection (1)(a)8. or 9. of this section, shall have his license revoked until he or she reaches the age of eighteen (18) or shall have his license revoked as provided in this section, whichever penalty will result in the longer period of n, shall have his license revoked until he or she reaches the age of eighteen (18) or shall have his license revoked as provided in this section, whichever penalty will result in the longer period of revocation. (9) A revocation or denial of a license or the withdrawal of the privilege of operating a motor vehicle under this section due to a person being found incompetent to stand trial shall extend until the person is found competent to stand trial or the criminal case i s dismissed. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 198, sec. 21, effective July 15, 2024. -- Amended 2020 Ky. Acts ch. 97, sec. 3, effective July 1, 2020. -- Amended 2019 Ky. Acts ch. 103, sec. 24, effective July 1, 2020. -- Amended 2 017 Ky. Acts ch. 62, sec. 117, effective June 29, 2017. -- Amended 2013 Ky. Acts ch. 16, sec. 1, effective June 25, 2013. -- Amended 2006 Ky. Acts ch. 235, sec. 2, effective July 12, 2006. -- Amended 2000 Ky. Acts ch. 467, secs. 26 and 29, effective Octobe r 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 8, effective October 1, 1996. -- Amended 1991 (1st Extra. Sess.) Acts Ch. 15, Sec. 20, effective July 1, 1991. -- Amended 1990 Ky. Acts ch. 234, sec. r 1, 2000. -- Amended 1996 Ky. Acts ch. 198, sec. 8, effective October 1, 1996. -- Amended 1991 (1st Extra. Sess.) Acts Ch. 15, Sec. 20, effective July 1, 1991. -- Amended 1990 Ky. Acts ch. 234, sec. 5, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 222, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 376, sec. 2, effective July 15, 1986; ch. 434, sec. 1, effective July 15, 1986; and ch. 443, sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 129, sec. 3, effective January 1, 1985; and ch. 165, sec. 15, effective July 13, 1985. -- Amended 1980 Ky. Acts ch. 103, sec. 1, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 217, sec. 1. -- Amended 1966 Ky. Acts ch. 17, sec. 1. -- Amended 1946 Ky. Acts ch. 127, sec. 7. -- Recodif ied 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2739m - 49. Legislative Research Commission Note (6/25/2013). In codifying 2013 Ky. Acts ch. 16, sec. 1, (this statute), a reference in subsection (8) to 'subsection (1)(a)8. o r 8. of this section' has been changed to 'subsection (1)(a)8. or 9. of this section.' The internal numbering of subsection (1) of this statute was modified by that Act, (8) to 'subsection (1)(a)8. o r 8. of this section' has been changed to 'subsection (1)(a)8. or 9. of this section.' The internal numbering of subsection (1) of this statute was modified by that Act, but the reference in subsection (8) of this statute was incorrectly modified to confor m with that renumbering. The Reviser of Statutes has corrected this manifest clerical or typographical error under the authority of KRS 7.136(1)(h).
Kentucky Legal Code