Driving Without a Valid (or on a Suspended) License in New York

New York prohibits driving without a valid license, whether the license was suspended, revoked, or never issued. This article explains what constitutes these violations, the possible penalties, and the exemptions to the rule.

Driving Without a License in New York

Every person who operates a motor vehicle must have a driver's license to drive on a New York highway. (N.Y. Veh. & Traf. Law § 509.)

Penalties for Unlicensed Driving in New York

Unlicensed driving (meaning the driver was never issued a license) is punishable by a $75 to $300 fine and/or up to 15 days in jail.

Penalties for Driving Without a New York License in Your Possession

A driver who was licensed but did not have the license in his or her immediate possession can be arrested for driving without a license. However, the person cannot be convicted of a crime if the driver was properly licensed.

Exceptions to New York's Driver's License Requirement

A non-resident driver with a valid driver's license from his or her home state or country can drive in the state without a New York license, subject to New York age restrictions. Additionally, those operating farming vehicles, emergency response vehicles, and some military vehicles can be exempt from certain licensing requirements.

Driving While Suspended in New York

A person who operates a vehicle while on a suspended or revoked license in New York is guilty of "aggravated unlicensed operation" of a motor vehicle (AUO) and can face fines, jail time, and vehicle loss. (N.Y. Veh. & Traf. Law § 511.)

Penalties for Third-Degree AUO (Driving on a Suspended License) in New York

A first-offense driving while suspended is a third-degree AUO and holds a fine of $200 to $500 and/or up to 30 days in jail.

Penalties for Second-Degree AUO (Driving on a Suspended License) in New York

Violators who were suspended for a DWI (driving while intoxicated), DWI test refusal, or for having three failure-to-appear suspensions are guilty of a second-degree AUO. This carries a fine of $500 to $1,000 and seven to 180 days in jail.

A second driving-while-suspended conviction within 18 months is also a second-degree AUO, but carries a minimum $500 fine and up to 180 days in jail.

The driven vehicle will also be impounded and only released to a licensed owner with proof of insurance after all costs are paid.

Penalties for First-degree AUO (Driving on a Suspended License) in New York

A first-degree AUO is a class E felony and includes:

• commission of a second-degree AUO while under the influence of alcohol or drugs
• having ten or more suspensions for failing to appear or pay fines
• driving while revoked for a DWI conviction, and
• driving under the influence of alcohol or drugs while holding a DWI conditional license.

A class E felony carries a $500 to $5,000 fine and up to four years in prison. The driver's vehicle will also be impounded and may even be subject to seizure and forfeiture.

New York prohibits any AUO violations from being pled down or reduced to a lesser charge.

Talk to a New York Defense Attorney

If you've been arrested for driving without or on a suspended license, you should talk to an attorney. An experienced defense attorney can review your case and help you decide on the best way to handle it.