Commonwealth v. Wirth

LAMBERT, Justice.

We granted the Commonwealth’s request for certification of the law (Ky. Const. § 115 and CR 76.37(10)) to determine the proper construction of KRS 189A010 and other statutes which deal with driving under the influence of alcohol. In a broadly interpretive opinion, the Kenton District Court construed the statute to require, inter aMa, a pre-trial election by the Commonwealth as to which of the four subparts of KRS 189A010(1) it would undertake to prove, and to require additional warnings by which a defendant would be informed that he may not be compelled to submit to any…