Commonwealth v. Reynolds

LAMBERT, Chief Justice.

Pursuant to CR 76.37(10), the Commonwealth sought certification of the law on issues regarding Driving Under the Influence (“DUI”) prosecutions of persons under the age of twenty-one, and this Court granted the certification request. The precise issue here is whether the Commonwealth may prosecute persons under the age of twenty-one years only under KRS 189A.010(l)(e), which creates a per se violation for having a significantly lower alcohol concentration than the standard per se violation, or whether the Commonwealth may elect to prosecute persons under twenty-one…