PROSECUTOR’S OFFICE KENTON COUNTY GOVT BLDG

CHILD SUPPORT COLLECTION 1840 SIMON KENTON WAY

DELINQUENT TAX COLLECTION COVINGTON, KY 41011
BAD CHECK COLLECTION PHONE: 859/491-0600
VICTIM ADVOCACY PROGRAM FAX: 859/491-0986

OFFICE OF
KENTON COUNTY ATTORNEY
S TACY H. T AP KE

For Immediate Release

Stacy Tapke, Kenton County Attorney
President, Kentucky County Attorney’s Association

May 6, 2021

STATEMENT ON THE RECENT KENTUCKY SUPREME COURT

DECISION COMMONWEALTH V. MCCARTHY

COVINGTON - The recent Kentucky Supreme Court decision Commonwealth v. McCarthy reinforces why
Kentucky’s County Attorneys have been pushing the Kentucky State Legislature to amend the DUI statutes to
allow for search warrants for blood in all DUI cases, not just those involving death or serious physical injury.  
We hope that Kentucky will soon join the majority of other states, including all the states bordering Kentucky,
by authorizing expedited search warrants for blood in all DUI cases, not just those involving death or serious
physical injury. 

As the drug epidemic has gripped Kentucky, drugged-driving cases have increased.  Someone driving under the
influence of drugs other than alcohol (or combination of both alcohol and drugs) is equally dangerous to
someone driving under the influence of alcohol alone.  Prosecutors need to have every tool in the toolbox to
keep drugged-drivers off our roadways for the safety of our citizens. Those driving under the influence of illicit
or prescription drugs should not receive any breaks just because they are choosing to drive under the influence
of drugs rather than alcohol.

The Kentucky County Attorney’s Association continues to monitor this case, including whether the Kentucky
Attorney General’s Office intends to file a Motion for Reconsideration or seek certiorari with the United States
Supreme Court.  Although disappointed by the decision, law enforcement and prosecutors will not be deterred
in our united efforts to aggressively combat drugged-driving in Kentucky. We will continue to seek search
warrants and pursue convictions in these cases. No drugged-driver will be getting a free pass on our watch.

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