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A GUIDE TO SUSPENSION & REVOCATION
OF DRIVING PRIVILEGES IN NEW YORK STATE
DEFINITIONS
sus.pen.sion n 1: 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.
re.vo.ca.tion n: 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.
com.pli.ance n 1: Turn in your driver license to a court or to the DMV. You must not drive once a suspension or revocation is ordered.
- 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*
Alcohol 90-day revocation Drug 6-month suspension
- 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
- 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
ALCOHOL AND OTHER DRUG VIOLATIONS
OTHER VIOLATIONS
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 drug- related charge, and refuse to take a chemical test. If the refusal is
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,
at least one year or until you turn 21, whichever is longer.
Zero Tolerance law makes it illegal for a driver under 21 to have consumed any alcohol. A police
ily detain you to request or administer a test for blood alcohol
charge, the penalty is a six-month license suspension, a $ civil penalty, and a $100 suspension termination fee. Subsequent
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 āchemical test refusalā and āzero tolerance.ā
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 a driver or passenger in a motor vehicle on a public highway, street or road, to drink an alcoholic beverage, or to possess an
victim assistance fee, and potential imprisonment up to 15 days.
U.S. Department of Transportation or the NYS Department of Transportation.
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
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
you must surrender the plates or you may face civil penalties, registration suspension and/or license suspension.
Any person, including a non-resident or unlicensed driver, who has license suspensions for failure to respond to tickets imposed
mandatory surcharge, and/or imprisonment for up to 180 days.
vehicle when caught.
IMPORTANT ALCOHOL AND DRUG
RELATED LAWS
NO INSURANCE
FAILURE TO ANSWER A TICKET OR PAY A FINE
authorized by law, you may have to pay a āDriver Responsibility Assessmentā for certain violations that result in a conviction
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 re- sponsibility assessment of $250 each year for the next three years.
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
assessment.
Aggravated Unlicensed Operation (AUO) is driving while your license is under suspension or revocation.
AUO-3rd degree. - pended or revoked license or privilege to drive. It is punishable by a of $200ā$500, a mandatory surcharge, and possible imprisonment up to 30 days or probation.
AUO-2nd degree. 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 of $500, a mandatory surcharge, and mandatory imprisonment up to 180 days or probation.
Punishment includes a of $500ā$1000, a manda- tory surcharge, and mandatory imprisonment of 7ā180 days or probation , if the driver is convicted of driving while suspended or revoked and one of the following:
- a conviction for an alcohol- or drug-related violation or a chemical test refusal; or,
to tickets.
AUO-1st degree. mandatory of $500ā$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:
- currently under suspension or revocation for an alcohol or drug-related violation or a chemical test refusal; or,
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
($70 for suspensions on or after 7/16/09) for failure to answer
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
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
RE-APPLICATION FEES AND CIVIL PENALTIES
DRIVER RESPONSIBILITY ASSESSMENTS
DRIVING WHILE YOUR LICENSE IS
SUSPENDED OR REVOKED
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.
A judge can (and starting August 15, 2010 must ) order an igni- tion interlock device as a condition of probation or conditional
system to be installed on each vehicle owned by the motorist during both the revocation period and any probation or condi-
dicates the need for alcohol treatment, the judge may be required to order completion of the treatment as a condition of probation or conditional discharge.
ist, is connected to a motor vehicle ignition system and measures the alcohol content of the operatorās breath. As a result, the vehicle cannot be started until the driver provides an acceptable breath sample. While using the interlock device, the motorist
revoked if the motorist fails to comply with the courtās terms, or
or standing.
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,
CONDITIONAL AND RESTRICTED LICENSES disabled persons or hazardous materials, refer to the New York
IGNITION INTERLOCK PROGRAM
VIOLATIONS WHILE DRIVING FOR HIRE
OR COMMERCIAL MOTOR VEHICLE
DMV.NY.GOV
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 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
Due to a fee increase effective 08/18/2017, if you request approval to restore your NYS driving privilege, the fee you are required to submit for processing of your request is as follows:
- The fee is $25 for requests processed no later than 08/17/2017.
- The fee is $100 for requests processed on or after 08/18/2017, no exceptions can be made.
NOTE: Effective 8/18/2017, DMV will NO longer be able to accept the $25 fee. To avoid a delay in processing your application, please consider the mailing time and submit the correct fee amount when mailing your application.
Payment must be made by check or money order to āThe Commis- sioner of Motor Vehicles.ā 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.
C-12 (6/17)
