Attorney Representing
Upstate New York Drivers

What if one is charged with driving while suspended or revoked?

On Behalf of | Nov 16, 2017 | Misdemeanors |


Traffic violations in New York can lead to the loss of driving privileges. Those who are facing these penalties must be aware that they are not allowed to drive when their license is suspended or revoked. Doing so can result in significant penalties and even jail. With charges related to driving with a license that was suspended or revoked, it is essential to have legal help to lodge a defense. These charges will be referred to as Aggravated Unlicensed Operation (AUO).

If a person is charged with a misdemeanor AUO 3rd degree, the person was driving with a suspended or revoked driver’s license. A conviction can result in a fine of $200 to $500, a surcharge, and potential jail time of up to 30 days or probation. AUO 2nd degree will be charged if the driver was operating the vehicle with a license that had been suspended or revoked in the previous 18 months after a conviction of AUO 3rd degree. There will be a minimum fine of $500, a surcharge, and imprisonment of up to 180 days or probation.

A driver whose license was suspended or revoked because of an alcohol or drug offense or refusing to take a chemical test; if the suspension was mandatory because of an alcohol or drug offense; or the driver has three or more license suspensions at three different times for failing to respond to tickets will face a mandatory fine of $500 to $1,000, a surcharge, imprisonment of seven to 180 days or probation.

An AUO 1st degree is a felony charge and will be assessed if the driver’s license was already under suspension or revoked for alcohol or drug offenses or chemical test refusal, or the driver had 10 or more license suspensions on 10 different dates for failing to respond to tickets. A conviction will result in a fine of $500 to $5,000, jail for up to four years or probation, and the possibility that the vehicle will be seized.

Drivers who have their license suspended or revoked might decide that they will risk driving because they feel they need to or are not concerned about the litany of potential penalties they will face if they are caught again. Obviously, it is preferable to not have the license suspended or revoked, but if it is and the person is caught driving while suspended or revoked, it is crucial to have legal help to defend against the charges. A lawyer should be the first call the person makes.

Source:, “A Guide To Suspension & Revocation Of Driving Privileges In New York State — Driving While Your License Is Suspended Or Revoked, page 4,” accessed on Nov. 13, 2017