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Kentucky DUI Law Information

Drivers arrested for DUI in Kentucky face high fines and penalties.

New York DUI Law Information

Drivers arrested for driving while intoxicated (DWI) with drugs or alcohol in New York may be charged with DWI and face jail time, fines, and a driver’s license suspension.

New York DWI defined

Drivers may be charged with driving while intoxicated (DWI) if their blood alcohol concentration is 0.08% or higher. Drivers arrested with a BAC of .05% to 0.07% can be charged with driving while ability impaired by alcohol (DWAI). Other charges include DWAI (driving while impaired by a single drug other than alcohol, DWAI (driving while impaired by a combined influence of drugs or alcohol, or Aggravated DWI (driving with a BAC of 0.18% or higher).

New York’s Look Back period: 15 years

If a driver’s second or third driving infraction occurs during the look back period the DWI penalties can be substantially increased. The date begins on the date of the first DWI arrest.

It’s also important to understand, however, that New York has multiple look-back periods. Depending on your situation, the look-back period could be four, five, ten, or 25 years.

Criminal DWI Penalties in New York

First DWAI offense
(BAC between 0.05% up to 0.07%)

  • Fines of $300 up to $500
  • Up to 15 days in jail
  • License suspension for 90 days
  • Additional fees up to $260
  • Mandatory attendance of a Victim Impact Panel

Second DWAI offense within 5 years
(BAC between 0.05% up to 0.07%)

  • Fines of $500 up to $750
  • Up to 30 days in jail
  • License suspension for at least 6 months
  • Discretionary revocation of your registration for at least 6 months
  • Additional fees up to $260
  • Mandatory attendance of a Victim Impact Panel

 First DWI offense:
(Misdemeanor)

  • Fines of no less than $500 up to $1,000
  • Up to one year in jail
  • Three years probation
  • License suspension for at least 6 months
  • Potential revocation of your vehicle registration for at least 180 days
  • Additional fines up to $400
  • Mandatory attendance of a Victim Impact Panel
  • Mandatory installation of an ignition interlock device for 5 months

Second DWI offense
(Within 15 years)

  • Fines of $500 to $1,000
  • Up to one year in jail
  • Three years probation
  • Drivers license revocation for at least one year
  • Alcohol and rehabilitation
  • Potential revocation of your registration for at least one year
  • Up to $400 in penalties
  • Required attendance of a Victim Impact Panel
  • Mandatory installation of an ignition interlock device

Third DWI offense:
(Within 15 years)
(Felony)

  • Fines of $2000 up to $10,000
  • Jail time from 10 days to seven years in prison
  • Three years probation
  • Potential permanent revocation of a driver’s license with review
  • Alcohol and rehabilitation program
  • Additional fines and penalties
  • Required attendance of a Victim Impact Panel
  • Mandatory installation of an ignition interlock device

Administrative Penalties in New York

Drivers in New York have given their implied consent to submit to a chemical test if they have been arrested for DWI. Failure to consent to the required testing may result in administrative penalties, which are administered by the New York Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DWI.

Drivers who refuse the chemical test after a DWI arrest will face high administrative penalties including:

-First chemical test refusal: $300 civil penalty and $100 re-application fee and license revocation for at least one year
-Second chemical test refusal: $750 civil penalty and $100 re-application fee and license revocation for at least one year. 

To challenge an administrative suspension, drivers must request an administrative hearing within a specified number of days from the date of their DWI arrest by contacting the New York Department of Motor Vehicles (DMV).

(Read more: - state laws )



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