Committee advances broad DUI revisions; bill adds fentanyl to per se list and modifies ignition-interlock rules

Representative Patrick Flannery, sponsor of House Bill 456, told the committee the measure updates Kentucky's DUI statutes, adding several controlled substances to the statutory per se list and making changes to implied-consent notice and ignition-interlock rules.

"KRS 189A.010 is amended to include 3 substances to the per se list," Representative Patrick Flannery said, noting the bill explicitly adds fentanyl and named prescription medicines encountered in prosecutions.

Flannery described changes to the implied-consent form under KRS 189A.0105 and said the bill requires notice that refusal of a blood test may result in license suspension at arraignment and if the defendant is convicted. The bill also revised ignition-interlock periods and fees, including special considerations for electric and hybrid vehicles.

Opposition testimony came from Scott West of the Kentucky Association of Criminal Defense Lawyers, who said he helped craft ignition-interlock policy in 2018 but warned the bill's tolling and violation provisions could extend interlock periods indefinitely and make participation prohibitively costly for some defendants. "Under the bill, I'm not gonna be able to tell my client how long we're gonna be on it for sure," West said, explaining how technical violations, missed maintenance appointments and unpaid fees can reset the clock and increase time on the device.

Flannery and supporters responded that the interlock remains voluntary (a defendant chooses it after being charged) and acknowledged geographic burdens for access to vendors in some rural counties, but said the changes will incentivize participation and improve road safety.

Committee action: A committee substitute was adopted and the committee favorably reported HB 456 by roll call: Chair Elliott announced the final tally as "16 yes votes, no no votes and 1 pass vote." The transcript shows Representative Maddox recorded a pass during the roll call.

Key discussion points: members suggested considering drug classes rather than listing individual chemicals to avoid repeated statutory updates; other members said other statutory subsections still permit DUI prosecutions for substances not on the per se list.

Next steps: The bill was favorably reported to the floor; sponsors and stakeholders signaled willingness to continue working on language to address vendor access, classification of substances by schedule or class, and how to treat technical interlock violations.