What are the Consequences of Driving on a Suspended License in New York?

At O’Brien & Eggleston PLLC, our Albany criminal defense attorneys know that driving with a suspended license in New York is called Aggravated Unlicensed Operation (AUO).

Although typically a misdemeanor, if you are caught driving with a suspended license multiple times, you may be charged with a felony — especially if you have a criminal history of prior AOU or DWI charges.

Here, our Albany County defense attorneys explain the consequences of one or more AOU charges for New York drivers.

What are the Three Levels of AUO Charges in New York?

There are three levels of AUO in New York:

Third Degree AUO

• Operating a motor vehicle knowing their license has been suspended or revoked.

Consequences of a Third Degree AUO in New York include:

• Misdemeanor charge.
• A fine of $200–$500.
• A mandatory surcharge.
• Up to 30 days in jail or probation.

Second Degree AUO

• Previously convicted of AUO in the third degree within 18 months.
• Suspension or revocation is based upon a chemical test refusal.
• Suspension was a mandatory suspension pending prosecution for a charge of driving while intoxicated.
• Has three or more suspensions imposed on at least three separate dates for failure to appear, answer, or pay a fine.

Consequences of a Second Degree AUO in New York include:

• Misdemeanor charge.
• A fine of $500–$1000.
• A mandatory surcharge.
• Up to 180 days in jail or probation.

First Degree AUO

• Operating a motor vehicle while under the influence of drugs or alcohol, along with a previous second-degree AUO.
• Committed the offense while having ten or more suspensions in effect, imposed on at least ten separate dates for failure to answer, appear, or pay a fine.
• Committed the offense while under permanent revocation resulting from three DWI convictions or three refusals to submit to a chemical test (or any combination) as well as from two DWI convictions resulting in severe injury or death.

Consequences of a First Degree AUO in New York include:

• Felony charge.
• A fine of $1000–$5000.
• A mandatory surcharge.
• Up to four years in jail or probation.

In addition, most people caught driving on a suspended license will have their vehicle impounded, incurring towing and storage fees to retrieve it.

An AUO conviction means the charges remain on your permanent criminal and driving record, impacting everything from your licensing status — as additional points may be added to your driving record — and challenging reinstatement requirements to your employment and housing options.

It is important to note that the specific penalties and consequences for driving on a suspended license can vary depending on the reason for the original license suspension, your prior driving history, and other factors.

Contact Our Albany Criminal Defense Attorney Today

If you face AUO charges in New York, contact our Albany criminal defense attorneys at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to schedule your initial appointment. We have a strong track record of producing real results for our clients. See how we can pursue a positive outcome for your case.