Revised Implied Consent Warning released by the Kentucky Justice Cabinet.
The Kentucky Justice Cabinet has released a revised version of the Kentucky Implied Consent Warning drafted by the Department of Criminal Justice Training.
The Kentucky Justice Cabinet has approved a revised version of the Kentucky Implied Consent Warning drafted by the Legal Section of the Kentucky Department of Criminal Justice Training for use by law enforcement officers. The new warning complies with the Kentucky Supreme Court's ruling in McCarthy v. Commonwealth, 628 S.W.3d. 18 (Ky. 2021) wherein the Court ruled a person may refuse a request for an evidentiary blood test without the refusal being mentioned in court or the subject being criminally penalized. A copy of the revised warning can be located on KYOPS, the Legal Section of the Kentucky Department of Criminal Justice website (www.docjt.ky.gov) or in the document section of www.kytrafficsafety.com.