§ 189A.220 Judicial review of pretrial license suspension for test refusal

189A.220 Judicial review of pretrial license suspension for test refusal

    In any judicial review of a pretrial suspension imposed for refusal to take an alcohol concentration or substance test, if the court determines, by the preponderance of the evidence, that:

    (1) The person was charged and arrested by a peace officer with violation of KRS 189A.010(1);

    (2) The officer had reasonable grounds to believe that the person was operating or in physical control of a motor vehicle in
violation of KRS 189A.010(1);

    (3) The person was advised of the implied consent law pursuant to KRS 189A.103;

    (4) The peace officer requested the person to take the test or tests pursuant to KRS 189A.103; and then

    (5) The person refused to take a test requested by a peace officer pursuant to KRS 189A.103,

    then the court shall continue the suspension of the person's operator's license or privilege to operate a motor vehicle during the pendency of the proceedings.