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Fact: My record for the highest speeding ticket dismissed was in South
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A guide to suspension & revocation
from The New York DMV.
Of driving privileges in new York state
Suspension: your license, permit, or privilege to drive is
Taken away for a period of time before it is returned. You may be
Required to pay a suspension termination fee.
Revocation: your license, permit, or privilege to drive is
Voided; it no longer exists. To get a new license, or permit, or to
Restore your privilege you must re-apply to the department of
Motor vehicles (dmv) once the revocation period is over.
You may be required to pay a license re-application fee. Your
Application may be denied if you have a poor driving record or
Refuse to meet dmv requirements.
Revocation periods may be longer than the minimum periods
Listed in this publication.
Compliance: turn in your driver license to a court or to
The dmv. You must not drive once a suspension or revocation
Is ordered.
Alcohol and drug violations
• aggravated driving while intoxicated (agg-dwi), .18%
Blood alcohol concentration (.18 bac) or higher; (agg dwi
Civ) dwi with a child 15 years old or younger in vehicle:
1-year revocation
• driving while intoxicated (dwi), or with .08 % blood
Alcohol concentration (.08 bac):
6-month revocation
• driving while ability impaired by a drug (dwai-drug):
6-month suspension
• dwi, .08 bac or dwai- drug committed within 10 years of
Any previous violation:
1-year revocation
• driving while ability impaired by alcohol (dwai):
90-day suspension
• dwai committed within 5 years of any previous alcohol or
Drug-related violation:
6-month revocation
• first alcohol or drug-related violation by a driver, except zero
Tolerance, under age 21:
1-year revocation*
• second alcohol or drug-related violation by a driver, except
Zero tolerance, under age 21:
Revocation until age 21 or 1-year, whichever is longer*
• driving under the influence (dui) outside new York state:
Alcohol 90-day revocation
Drug 6-month suspension
* these penalties apply even if the driver is adjudicated as a
Youthful offender.
Other violations
• homicide, assault or criminal negligence resulting in death
From the operation of a motor vehicle:
6-month revocation
• false statement on an application for a license or registration,
Or substitution by another driver for a road test. Conviction in
Criminal court: 6-month revocation
Finding by a dmv administrative law judge:
1-year revocation
• speed contest:
6-month revocation
Second speed contest within 3 years:
1-year revocation
• 3 speeding and/or misdemeanor traffic violations committed
Within 18 months:
6-month revocation
• 3 violations for passing a stopped school bus within 3 years:
6-month revocation
• leaving the scene of a fatal or personal injury accident:
6-month revocation
A guide to suspension & revocation
Of driving privileges in new York state
Important alcohol and drug-
Related laws
If you are under age 21 when arrested for aggravated dwi,
Dwi or dwai, and later convicted, your license will be
Suspended or revoked. You must serve the entire suspension
Or revocation time, even if you complete an approved drinking
Driver program before the suspension or revocation would end.
Chemical test refusal revocations are separate from, and in
Addition to, those for alcohol or drug-related violations.
A chemical test, such as a breathalyzer, shows the blood alcohol
Content (bac), which is the amount of alcohol by percentage
In your blood. Your license will be suspended if you are arrested
For dwi, dwai, zero tolerance, or any other alcohol or drugrelated
Charge, and refuse to take a chemical test. If the refusal is
Later confirmed at a dmv hearing, your license will be revoked
For at least one year and you will be assessed a civil penalty of at
Least $500.
If you are under age 21 when you refuse to take a test, your
License will be revoked for at least one year. If you are under 21,
A second refusal within five years requires license revocation for
At least one year or until you turn 21, whichever is longer.
The new York state (nys) zero tolerance law makes it illegal
For a driver under 21 to have consumed any alcohol. A police
Officer who believes you have consumed alcohol may temporarily
Detain you to request or administer a test for blood alcohol
Content. If you show a bac from .02 to .07, you will be notified
To appear at a dmv hearing. If the judge’s finding supports the
Charge, the penalty is a six-month license suspension, a $125
Civil penalty, and a $100 suspension termination fee. Subsequent
Offenses result in license revocation for at least one year or until
You turn 21, whichever is longer, plus a $125 civil penalty and
$100 license re-application fee.
Note: a person of any age who drinks alcohol and operates a
Motorboat faces penalties similar to those under “chemical test
Refusal” and “zero tolerance.”
If you illegally purchase alcoholic beverages by using an altered
Or fraudulent driver license or non-driver id card as proof of
Age, your driver license or privilege of applying for a license will
Be suspended.
Under the nys open container law, it is a traffic infraction for
A driver or passenger in a motor vehicle on a public highway,
Street or road, to drink an alcoholic beverage, or to possess an
Alcoholic beverage with the intention of drinking it. The penalty
For a first conviction is two points assessed against the driver’s
License record, a fine up to $150, a mandatory surcharge, a crime
Victim assistance fee, and potential imprisonment up to 15 days.
Additional offenses within 18-months bring higher penalties.
The law exempts passengers in vehicles, such as stretch limousines,
That display a commerce certificate or permit issued by the
U.s. department of transportation or the nys department of
Transportation.
No insurance
If you are convicted of operating an uninsured motor vehicle or
Permitting another person to operate your uninsured vehicle,
Your license will be revoked for at least one year and you will be
Assessed a civil penalty of $750. The same penalty applies if the
Dmv receives evidence that you were involved in an accident
Without being insured.
Note: if you receive a dmv inquiry letter about vehicle liability
Insurance, read it carefully and respond as it directs.
If your vehicle has a lapse in insurance coverage, you must turn
In its license plates and registration to a motor vehicle office.
Even if the vehicle is taken off the road and not being driven,
You must surrender the plates or you may face civil penalties,
Registration suspension and/or license suspension.
Failure to answer a ticket or pay
A fine
Any person, including a non-resident or unlicensed driver, who
Has license suspensions for failure to respond to tickets imposed
On at least 20 different dates may be convicted of “aggravated
Failure to answer tickets” or “failure to pay fines.” This is a misdemeanor
Punishable by a mandatory fine of at least $500, a
Mandatory surcharge, and/or imprisonment for up to 180 days.
That person may be arrested even if not actually driving a motor
Vehicle when caught.
New York state department of motor vehicles page 3
Indefinite suspensions
Your license will be suspended indefinitely if you submit a
Bad check for dmv fees, fail to pay a driver responsibility
Assessment, or fail to satisfy a court judgment that results from
A traffic crash, file an accident report, or pay child support.
This suspension will be in effect until you correct the condition
That led to the suspension.
Fatal traffic crash
If you are involved in a fatal crash, your license may be suspended
Or revoked following a dmv hearing, even if you were not
Charged with any violation at the time of the traffic crash.
For all new drivers
While on probation, if you are convicted of speeding, reckless
Driving, following too closely, participating in a speed contest,
Or any two other traffic violations, your license will be suspended
For 60 days. When you get your license back, you will again be on
Probation for six months.
If you are found guilty of committing one of the above violations,
Or any two other moving violations during this second probation,
Your license will be revoked for at least six months. When you get
Your license back, you will again be on probation for six months.
Your license will be suspended for 90 days if you are convicted
Of driving while ability impaired (dwai) by alcohol or drugs
During probation, or revoked for at least six months for driving
While intoxicated (dwi).
In new York state, a “point system” helps identify drivers who
Commit several traffic violations during a short period of time.
If your driving record accumulates 11 or more points within 18
Months, the dmv will suspend or revoke your license or privilege
To drive. You will be given the option of attending a hearing
Before an administrative law judge (alj) or accepting a period
Of suspension, usually of 31 days.
The point system
Traffic violation points
Speeding (mph over posted limit)
Note: at the hearing, the alj can impose a sanction of revocation
Or suspension greater than the suspension period originally
Offered.
Points are charged against your driving record based on the date
You committed the violation, not the date you were convicted in
Court.
You can reduce up to four points from your driving record and
Save up to ten percent on your auto liability insurance premiums
By completing a dmv-approved accident prevention course.
However, point reduction from your driving record cannot
Prevent a mandatory suspension or revocation, be applied as
“credit” against future points, or lessen a “driver responsibility
Assessment.” For more information, see publication “point &
Insurance reduction—general information” (c32a).
A guide to suspension & revocation
Of driving privileges in new York state
Driver responsibility assessments
In addition to paying any fines, fees, penalties and surcharges
Authorized by law, you may have to pay a “driver responsibility
Assessment” for certain violations that result in a conviction
Or administrative finding. Your learner permit, driver license,
Or driving privileges will be suspended if you do not make
These payments.
If you are convicted of driving while intoxicated (dwi),
Driving while ability impaired (dwai) or driving while
Ability impaired by drugs, or if you are found to have refused to
Submit to a chemical test, you will be required to pay a driver responsibility
Assessment of $250 each year for the next three years.
If you are convicted of one or more traffic violations resulting in
Six points in any 18-month period, you will be required to pay
$100 each year for the next three years. For each additional
Point accumulated during that period, you will be required to
Pay another $25 per point every year for three years. Completion
Of a motor vehicle accident prevention course will not reduce
The calculation of points affecting the driver responsibility
Assessment.
Driving while your license is
Suspended or revoked
Aggravated unlicensed operation (auo) is driving while your
License is under suspension or revocation.
Auo-3rd degree. This is a misdemeanor for driving with a suspended
Or revoked license or privilege to drive. It is punishable
By a mandatory fine of $200–$500, a mandatory surcharge, and
Possible imprisonment up to 30 days or probation.
Auo-2nd degree. This is a misdemeanor. If the driver is
Convicted of driving with a license previously suspended or
Revoked within the prior 18 months due to a conviction of
Auo-3rd degree, it is punishable by a minimum fine of $500,
A mandatory surcharge, and mandatory imprisonment up to
180 days or probation.
Punishment includes a mandatory fine of $500–$1000, a mandatory
Surcharge, and mandatory imprisonment of 7–180 days or
Probation, if the driver is convicted of driving while suspended
Or revoked and one of the following:
• the original suspension or revocation had resulted from either
A conviction for an alcohol- or drug-related violation or a
Chemical test refusal; or,
• the original suspension was a mandatory suspension pending
Prosecution of an alcohol or drug-related offense; or,
• the driver has in effect three or more license suspensions,
Imposed on at least three different dates, for failure to respond
To tickets.
Auo-1st degree. This is a felony. It is punishable by a mandatory
Fine of $500–$5000, mandatory imprisonment up to four years or
Probation, and possible seizure and forfeiture of the vehicle driven.
A driver may be convicted of auo-1st degree if driving while
Suspended or revoked and:
• the driver is impaired or intoxicated, with a license or privilege
Currently under suspension or revocation for an alcohol
Or drug-related violation or a chemical test refusal; or,
• the driver has in effect 10 or more license suspensions, imposed
On at least 10 different dates, for failure to respond to tickets.
Re-application fees & civil penalties
The fees and penalties that follow are separate from, and in
Addition to, any fines, surcharges, or other fees.
In general, if your license is suspended, you must pay a $25 fee
($50 for suspensions on or after 7/16/09) to have the suspension
Terminated, unless it is an indefinite suspension or a suspension
Pending a hearing, prosecution or investigation. The fee is $35
($70 for suspensions on or after 7/16/09) for failure to answer
A traffic ticket, or failure to pay a fine, mandatory surcharge, or
Crime victim assistance fee.
After license revocation, you usually cannot apply for a new
License until you pay a $50 non-refundable re-application fee
($100 for suspensions on or after 7/16/09). The fee does not
Apply to drivers whose licenses are revoked for not having
Insurance, or who complete a new York state drinking driver
Program.
Some revocations require payment of a civil penalty before an
Application can be accepted for a new license:
• no-insurance or uninsured accident revocation: $750 civil
Penalty
• chemical test refusal revocation: $500 civil penalty
• chemical test refusal with prior refusal or alcohol-related
Violation in previous 5 years: $750 civil penalty
A guide to suspension & revocation
Of driving privileges in new York state
Conditional and restricted licenses
If your license becomes suspended or revoked, you may be
Eligible for a conditional or restricted license that allows you to
Drive in limited situations, such as to and from work. If you are
Eligible for one of these licenses, the dmv will notify you with
The suspension or revocation order you receive in the mail.
Ignition interlock program
A judge can (and starting august 15, 2010 must) order an ignition
Interlock device as a condition of probation or conditional
Discharge. For an aggravated-dwi offense or any repeat alcohol
Or drug offense within five years, a judge is required to order the
System to be installed on each vehicle owned by the motorist
During both the revocation period and any probation or conditional
Discharge period that follows. The judge also must order an
Alcohol assessment for the repeat offender. If the assessment indicates
The need for alcohol treatment, the judge may be required
To order completion of the treatment as a condition of probation
Or conditional discharge.
This device, purchased and installed at the expense of the motorist,
Is connected to a motor vehicle ignition system and measures
The alcohol content of the operator’s breath. As a result, the
Vehicle cannot be started until the driver provides an acceptable
Breath sample. While using the interlock device, the motorist
May be eligible to hold a conditional license. This license will be
Revoked if the motorist fails to comply with the court’s terms, or
For conviction of any traffic offense other than parking, stopping
Or standing.
Violations while driving a for-hire or
Commercial motor vehicle
The license penalties described in this publication result
From convictions for violations committed while driving noncommercial
Vehicles such as cars, light trucks, and motorcycles.
For information about penalties that apply to commercial drivers
Of heavier trucks, buses, vehicles transporting school children,
Disabled persons or hazardous materials, refer to the new York
State commercial driver’s manual (cdl-10). This manual is
Available from any motor vehicle office, by request from a dmv
Call center, or from the dmv internet office.
Non-resident drivers
If you have an out-of-state license, your privilege to drive in new
York state can be suspended or revoked.
After a mandated period of suspension or revocation has been
Completed, you may request your driving privilege to be restored
To drive in new York state. You must write to:
The NYS department of motor vehicles
Driver improvement bureau
6 empire state plaza
Albany, ny 12228
Your written request must be accompanied by payment of a $25
Re-application fee. Payment must be made by check or money
Order to “the commissioner of motor vehicles.” You also must
Pay any civil penalties for refusing to take a chemical test or for
Driving without insurance, and all other penalties and fees, before
Your request can be considered.
New York state department
Of motor vehicles
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