Yes.
The first is a charge for operating a motor vehicle under the influence under KRS 189A.010.
The second is a an implied consent violation under KRS 189A.103.
189A.
105 Effect of refusal to submit to tests
--
Information required to be provided
when tests requested
--
Ignition interlock license
--
Court
-
ordered testing
--
Right to consult attorney before submitting to tests
--
Personal testing option.
(1)
A person
's refusal to submit to tests under KRS 189A.103 shall result in revocation
of his driving privilege as provided in this chapter.
(2)
(a)
At the time a breath, blood, or urine test is requested, the person shall be
informed:
1.
That, if the person refuses
to submit to such tests, the fact of this refusal
Rmay be used against him in court as evidence of violating KRS
189A.010 and will result in revocation of his driver's license, and if the
person refuses to submit to the tests and is subsequently convicted o
f
violating KRS 189A.010(1) then he will be subject to a mandatory
minimum jail sentence which is twice as long as the mandatory
minimum jail sentence imposed if he submits to the tests, and that if the
person refuses to submit to the tests his or her lice
nse will be suspended
by the court at the time of arraignment, and he or she will be unable to
obtain an ignition interlock license during the suspension period;
Yes.
