Suppose Your License Were Taken Away Holding a driver's license is a valuable privilege, and a serious responsibility. You can lose that privilege if you fail to obey traffic laws.

 

SUSPENSION - Your license (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 (or privilege to drive) is cancelled. To get a new license, 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 when your driver license is suspended or revoked. It is a misdemeanor to operate a motor vehicle while your driver license is suspended or revoked.

 

Alcohol and Drug Violations

Driving While Intoxicated (DWI), Blood Alcohol Concentration (BAC) of .08% or higher	Minimum 6-month revocation
Second DWI within 10 years	Minimum 1-year revocation
Aggravated DWI (.18 BAC or higher)	Minimum 1-year revocation
Second Aggravated DWI within 5 years	Minimum 18-month revocation*
Driving While Ability Impaired by Alcohol (DWAI)(.05 to .07 BAC)	90-day suspension
DWAI committed within 5 years of any previous alcohol or drug-related violation.	Minimum 6-month revocation
Driving While Ability Impaired by a Drug (DWAI-Drug)	6-month suspension
Second DWAI-Drug within 10 years	Minimum 1-year revocation
DWAI - More than one drug or a combination of drugs and alcohol	6-month revocation
Second DWAI-Drug/Alcohol Combination within 10 years	Revoked for at least 1-year/18 months*
First alcohol or drug-related violation except Zero Tolerance, by a driver, under age 21 (includes out-of-state convictions)	1-year revocation**
Second alcohol or drug-related violation, except Zero Tolerance, by a driver under age 21	Revocation until age 21 or 1-year, whichever is longer**
Driving Under the influence (DUI) outside New York State: Alcohol.	Minimum 90-day revocation
* A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI-Drug/Alcohol Combination and A driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI-Drug/Alcohol Combination within the prior 10 years will receive a minimum 18-month revocation if convicted of aggravated DWI.
** These penalties apply even if the driver is adjudicated as a youthful offender.
NOTE: Three or more alcohol or-drug-related convictions or refusals within 10 years can result in permanent revocationk with a waiver request permitted after at least five years.

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 with 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

Important Alcohol and Drug-Related Laws

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 or detained for DWI, DWAI, Zero Tolerance, or any other alcohol or drug- related 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.

Your license will be revoked for at least 18 months if you refuse to take a chemical test within five years of a prior alcohol or drug-related conviction or refusal, based on the date of violation, or if you are under age 21 at the time of refusal. If you are under age 21 and refuse to take a chemical test within five years of a prior alcohol or drug- related conviction, your license will be revoked for at least one year or until you turn age 21, whichever is longer.

The New York State 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, but not enough to charge you with a violation of DWI or DWAI, may temporarily detain you to request or administer a test for blood alcohol content. If your results 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 6-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 a $100 license re-application fee.

Note: Motorboat and snowmobile operators under 21 years old face penalties similar to those under the "zero tolerance law."

A judge can order an ignition interlock device as a condition of a probation period that begins when an alcohol-related license revocation is complete. For any repeat offense within five years, a judge is required to order the system to be installed on each vehicle registered to the motorist during both the revocation period and any probation 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 can order completion of the treatment as a condition of probation. 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 pro- vides an acceptable sample breath. While using the inter- lock 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.

If you illegally purchase alcoholic beverages by using a New York State driver license or Non-Driver ID card as proof of age, state law requires suspension of your driver license or your privilege of applying for a license.

Under New York State's 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 intent 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 and other vehicles, 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 be operate your uninsured vehicle, your license will be revoked for at least one year. The same penalty applies if the Department of Motor Vehicles receives evidence that you were involved in an accident without being insured.

If you receive a DMV inquiry letter about vehicle liability insurance, read it carefully and be sure to respond as directed.

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.  Remove frames and fasteners before you surrender a vehicle plate or vehicle plates.  The DMV office will not accept a vehicle plate with a frame or any fasteners attached.

Indefinite Suspensions

Your license will be suspended indefinitely if you fail to answer a traffic summons or pay a fine (other than parking tickets and fines), surcharge, or crime victim assistance fee and a suspension-termination fee. Your license will also be suspended indefinitely if you fail to file an accident report, submit a bad check for DMV fees, fail to pay support, or fail to satisfy a court judgment that results from a traffic accident. This suspension will be in effect until your correct the condition that led to the suspension.

For New Drivers Age 18 and Older

If you are age 18 or older when you pass your road test for a driver license, or obtain a license following revocation, you will be on probation for six months.

If you are convicted of speeding, reckless driving, following too closely; participating in a speed contest, or two other traffic violations while on probation, your license will be suspended for 60 days. If you are found guilty of committing one of the above violations, or two other moving violations during this second probation period, your license will be revoked for at least six months. When the revocation or suspension ends, you will be on probation for another six months.

Junior Permits and Licenses

Your junior permit or license will be suspended for 60 days if you are convicted of committing a serious traffic violation (generally three points or more) or two other violations while you hold a junior permit or license.

It will be revoked for 60 days if you are convicted of a serious violation (generally three points or more) or two other violations within the first six months after you receive your permit, license or privileges back following suspension or revocation.

The Point System

In New York State, a "point system" helps identify drivers who commit several traffic violations in a short period of time. While a single violation is not, in most cases, serious enough to require suspension or revocation, several violations may indicate that action should be taken by the DMV.

If your driving record accumulates 11 or more points within 18 months, your license will be suspended or revoked. 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.

Please note: At the hearing, the ALJ can impose a sanction of revocation or suspension greater than the suspension period originally offered.

 

TRAFFIC VIOLATION POINTS Speeding (MPH over posted limit)  1 to 10 3 11 to 20 4 21 to 30 6 31 to 40 8 More than 40 11 Reckless driving 5 Failing to stop for school bus 5 Following too closely (tailgating) 4 Inadequate brakes 4 (while driving employer's vehicle) 2 Failing to yield right-of-way 3 Violation involving a traffic signal, stop sign or yield sign 3 Railroad crossing violation 3 Improper passing, unsafe lane change, drove left of center, or drove wrong direction 3 Leaving scene of incident involving property damage or injury to domestic animal 3 Safety restraint violation involving person under 16 3 Any other moving violation 2

Points are assessed 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 10 percent on your auto liability insurance premiums by completing a DMV-approved accident prevention course. However, if you have points reduced from your driving record, it will not prevent a mandatory suspension or revocation and cannot be applied as a "credit" against future points. For more information, see DMV publication "Point & Insurance Reduction-General Information" (C-32A) and a list of course sponsors (C-31).

Fatal Accidents

If you are involved in a fatal accident, your license may be suspended or revoked following a DMV hearing on the accident, even if you were not charged with any violation at the time of the accident.

Re-Application Fees and Civil Penalties

The fees and penalties that follow are separate from, and in addition to, any fines, surcharges, or fees you may pay upon conviction.

In general if your license is suspended, you must pay a $25 fee to have a suspension terminated, unless it is an indefinite suspension or a suspension pending a hearing, prosecution or investigation. The fee is $35 for failure to answer a traffic ticket, or failure to pay a fine, mandatory surcharge, or crime victim assistance fee.

If your license is revoked, you may not apply for a new license until you pay a $50 non-refundable re-application fee. The fee may not apply to drivers whose licenses are revoked for not having insurance, or those who complete New York State's Drinking Driver Program.

Some revocations require you to pay a civil penalty before your 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

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. A driver may be convicted of AUO-3rd degree for driving with a suspended or revoked license or privilege to drive. This is a misdemeanor 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, the penalty is a minimum fine of $500, a mandatory surcharge, and mandatory imprisonment up to 180 days or probation.

The mandatory fine is $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;
• The original suspension was a mandatory suspension pending prosecution of an alcohol- or drug-related offense;
• 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 punishable by a mandatory fine of $500 - $5000, a mandatory surcharge, mandatory imprisonment up to 4 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;
• The driver has in effect 10 or more license suspensions, imposed on at least 10 different dates, for failure to respond to tickets.

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 is not actually driving a motor vehicle when caught.

Conditional and Restricted Licenses

If your license is 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 your suspension or revocation order you receive in the mail.

For-Hire and Commercial Motor Vehicle Violations

The license penalties described in this brochure result from convictions for violations committed while driving non-commercial 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), available at most DMV offices.

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 mandatory minimum revocation period has been completed, you may request your driving privilege to be restored. You must write to: The New York State Department of Motor Vehicles, Driver Improvement Bureau, 6 Empire State Plaza, Albany; NY 12228.

Your request must be accompanied by a $25 restoration fee, payable 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.

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	Additional information can be found here: Driver License & Non-driver ID page
Eliot Spitzer, Governor David J. Swarts, Commissioner

C-12 (9/04) Edited for the Internet 11/06