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:

1. 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

1. Has received an AUO conviction within the last 18 months.
2. The original reason for a license suspension or revocation was a refusal to submit to a chemical test for drugs or alcohol.
3. The original reason for a license suspension or revocation was driving under the influence (as described in VTL §1192 or §1193).
4. A driver has had three or more suspensions for either of the following reasons:
   • a) Failure to answer.
   • b) Failure to appear.
   • c) 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:

1. Impaired by alcohol or drugs, with a conviction of an AUO within the last 18 months.
2. 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.
3. 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.
4. Impaired by alcohol or drugs and has a mandatory suspension as a result of a pending DWI charge.
5. 10 or more previous suspensions for:
   • Failure to answer.
   • Failure to appear.
   • Failure to pay a fine.
6. 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.