DWI/DUI - Driving Under Suspension In New York
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Aggravated Unlicensed Operation (AUO) is driving while your license is
under suspension or revocation. Below are the list of fines and
penalties in New York that will apply if caught.
AUO-3rd degree: This is a misdemeanor for driving
with a suspended or revoked license or privilege to
drive. It is 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, it is punishable by
a minimum fine of $500, a mandatory surcharge, and mandatory
imprisonment up to 180 days or probation. Punishment includes a
mandatory fine of $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:
a) The original suspension or revocation had resulted from either a
conviction for an alcohol or drug-related violation or a chemical test
refusal; or,
b) The original suspension was a mandatory suspension pending
prosecution of an alcohol or drug-related offense; or,
c) 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. It is punishable by a mandatory fine of
$500 - $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:
a) 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; or,
b) The driver has in effect 10 or more license suspensions, imposed on
at least 10 different dates, for failure to respond to tickets.
under suspension or revocation. Below are the list of fines and
penalties in New York that will apply if caught.
AUO-3rd degree: This is a misdemeanor for driving
with a suspended or revoked license or privilege to
drive. It is 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, it is punishable by
a minimum fine of $500, a mandatory surcharge, and mandatory
imprisonment up to 180 days or probation. Punishment includes a
mandatory fine of $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:
a) The original suspension or revocation had resulted from either a
conviction for an alcohol or drug-related violation or a chemical test
refusal; or,
b) The original suspension was a mandatory suspension pending
prosecution of an alcohol or drug-related offense; or,
c) 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. It is punishable by a mandatory fine of
$500 - $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:
a) 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; or,
b) The driver has in effect 10 or more license suspensions, imposed on
at least 10 different dates, for failure to respond to tickets.
| Learn on what will happen to your license if you get a DUI/DWI out of state or outside of the country. |
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