Criminal Penalties for Driving with a Suspended License in New York State
It’s a situation that many New Yorkers find themselves in every day. You get pulled over for a seemingly minor violation - failing to signal or not making a full stop at a stop sign. However, instead of the officer coming back with a ticket, you are told to get out of your car and are arrested. As your head spins, you hear the arresting officer cite you with “Aggravated Unlicensed Operator”.
There are three different sections in the Aggravated Unlicensed Operator statute. Different degrees carry different severities, but it is crucial to remember that they are all criminal charges. Being convicted of any of them will result in a criminal record and its collateral consequences.
AUO - 3rd Degree
This section is the least severe in the AUO hierarchy, though it is still a misdemeanor criminal charge. Motorists convicted of this misdemeanor will find themselves facing a fine anywhere from $200.00 to $500.00, imprisonment of up to 30 days or in some cases, both fines and imprisonment. Depending on the weight of your vehicle, the penalties compound.
Misdemeanors are less severe than felonies but should still be avoided at all costs. Misdemeanor convictions impact immigration status, housing applications, and employment, among other areas of daily life.
A driver is found guilty of AUO in the 3rd degree when they, while knowing or having reason to know that their license is suspended or revoked:
"Operate a motor vehicle on a public highway"
The wording of this statute limits a common defense. Even if a driver does not know the status of their license, if it is deemed that they should have known, they are now in the territory of AUO in the 3rd degree.
AUO - 2nd Degree
AUO in the 2nd degree builds on the criteria for an AUO in the 3rd degree. This charge also carries the full weight of a misdemeanor.
A driver is found guilty of AUO in the 2nd degree when they are eligible to be charged with an AUO in the 3rd degree, and
- Has received an AUO conviction within the last 18 months.
- The original reason for a license suspension or revocation was a refusal to submit to a chemical test for drugs or alcohol.
- The original reason for a license suspension or revocation was driving under the influence (as described in VTL §1192 or §1193).
-
A driver has had three or more suspensions for either of the
following reasons:
- Failure to answer.
- Failure to appear.
- Failure to pay a fine.
AUO - 1st Degree
One of the most important things for any driver to be aware of is the existence of Aggravated Unlicensed Operation in the 1st Degree. Being convicted of this will make a driver guilty of a Class E felony– a serious consequence with lifelong effects.
Class E felons are liable for fines anywhere from $500.00 – $5,000.00 and can face state prison time of up to four years. Additionally, any felony conviction will affect immigration status, voting rights and gun ownership, among other personal liberties.
A driver is found guilty of AUO in the 1st degree when they, while knowing or having reason to know that their license is suspended or revoked, is/has:
- Impaired by alcohol or drugs, with a conviction of an AUO within the last 18 months.
- Impaired by alcohol or drugs, and the suspension or revocation is based upon a refusal to submit to a chemical test under suspicion of impaired driving.
-
Impaired by alcohol or drugs and has previously had three or
more suspensions for:
- Failure to answer.
- Failure to appear.
- Failure to pay a fine.
- Impaired by alcohol or drugs and has a mandatory suspension as a result of a pending DWI charge.
-
10 or more previous suspensions for:
- Failure to answer.
- Failure to appear.
- Failure to pay a fine.
- Has had a license permanently revoked for alcohol - or drug-related driving offenses.
It is a misconception to believe that this statute only operates to intoxicated drivers. This statute can and does result in debilitating felony consequences for ordinary drivers. If a driver finds themselves charged with this section, it is crucial to contact an experienced criminal traffic attorney. Wiser still is to contact an experienced attorney if you have received any suspension or think your license might be revoked.
Obviously, the reach of Section 511 is far-reaching and complex. Since 2011, the attorneys at the Benjamin Goldman Law Office have been protecting drivers from being convicted as Aggravated Unlicensed Operator. Our firm takes on cases in parts of New York State, from Amherst to Brooklyn and all places in between. We can take on your case. Contact us at your convenience. Consultations are free.
Common Questions about Driving with a Suspended License in New York
Is It a Problem If My License Is Suspended but I Do Not Drive? +
No. There is nothing illegal about having a suspended license. It is only illegal to drive with a suspended license.
If I Have a Visa but My License Is Suspended, Will I Have a Problem Getting Into or Leaving the United States? +
If you are driving, then obviously you may get arrested. If you are flying, the suspension itself should not create a problem, but the underlying problem causing the suspension may present a problem. Consult with an immigration attorney.
If I Do Not Have a New York License, How Can I Get Suspended in New York? +
New York can’t suspend your out-of-state license, but they can suspend your privileges to drive in New York. For legal purposes and for criminal liability purposes, driving with a suspended NY license and driving with suspended NY privileges are the same. If New York suspends my driving privileges, can I drive in my home state? As long as your home state does not take action you can drive in your home state and any other state that has not suspended your privileges from driving in their state.
What Is the Penalty for Driving with Suspended License? +
In New York, driving with a suspended license is charged as Aggravated Unlicensed Operation (AUO) under VTL 511. AUO 3rd degree (misdemeanor): fine of $200-$500, mandatory surcharge, and up to 30 days in jail or probation. AUO 2nd and AUO 1st carry higher fines and longer jail. Under Angelica's Law (effective Nov 2024), driving with five or more suspensions on separate dates is a Class E felony. Per the NY DMV, you can also face extended revocation and mandatory surcharges.
- AUO 3rd: $200-$500 fine, up to 30 days jail or probation (per NY DMV).
- AUO 2nd/1st: Higher fines and longer jail; prior suspensions or DWI-related suspension can elevate the degree.
- Felony: Five or more suspensions on separate dates = Class E felony under Angelica's Law.
What Happens If Someone With a Suspended License Drives Your Car? +
If someone with a suspended license drives your car and is pulled over, they will be charged with the criminal charge of driving with a suspended license. You can also be charged with "Facilitating Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree”, which is a five-point traffic ticket. You can be charged with this ticket even if you are not in the car at that time. Also, the vehicle will likely be impounded and the fees involved in impounds are commonly exorbitant.
Benjamin Goldman Law Office
There's no standard. Depends on a number of factors, including circumstances, history, the judge, prosecutor, and, of course, the defense attorney.