Driving Without a License in New York

The laws governing driving with an expired, suspended, or revoked license in New York are complicated. Many issues will depend on the exact reason why the individual does not have their driver’s license.

If an individual is driving without a license because they never obtained one, it is a misdemeanor, and the punishment may include:

• A fine ranging from $75 to $300;
• No more than 15 days in jail;
• Both a fine and jail time.

If an individual had a valid driver’s license but failed to renew it within 60 days of its expiration, they may be fined up to $40. If an individual has a valid driver’s license but drives without their license in their possession, they may be arrested for driving without a license, but they cannot be convicted of a criminal offense.

This issue would most likely be solved by the individual appearing in traffic court with a valid driver’s license in order to prove that, in fact, they do have one. As in every other state, an individual who is not a resident of New York who has a valid driver’s license from their home state or country is permitted to drive in New York without a New York license.

They are subject to New York’s age restrictions and restrictions on driving with a learner’s permit. In addition, certain individuals may be exempt from certain licensing requirements, such as those who operate:

• Farming vehicles;
• Emergency response vehicles;
• Certain military vehicles.

An individual who has moved to New York to reside in the state has 30 days to get a New York driver’s license. After the 30 days have passed, they may be cited for driving with an expired license.

In New York, driving with an expired or suspended driver’s license is a more serious offense, as is driving without a license that has been revoked. If an individual is convicted of these offenses, they will face harsher consequences.

The State of New York also has stricter laws that specifically govern the unlicensed operation of vehicles for hire, for example, taxicabs and limousines. Of course, an individual will need a special license to operate taxicabs, for-hire vehicles, street-hail liveries, or limousines in New York State.

If an individual has any issues, questions, or concerns related to driving without a license in New York, they should consult with a local New York lawyer.

What Does Aggravated Unlicensed Operation Mean?

A conviction of driving with a driver’s license that was suspended or revoked will result in punishment that is more severe than that for simply driving without a license. New York laws impose more severe penalties for these offenses, called aggravated unlicensed operation (AUO).

There are three categories of AUO of a motor vehicle: 1st, 2nd, and 3rd-degree. The 3rd-degree AUO is the least serious, and the 1st-degree AUO is the most serious.

The penalties for AUO violations include fines that increase in value depending on the degree of the offense as well as jail terms, with 3rd-degree having the lowest fines and 1st-degree having the largest fines. The three degrees of AUO involve a variety of factors, including:

• 3rd-degree AUO: Fines for a simple unlicensed operator ticket in New York range from $200 to $500. The crime is knowingly operating a vehicle with a suspended or revoked driver’s license;
  • Jail time of up to 30 days may also be possible;
  • Or, an individual may be sentenced to both fines and imprisonment;
• 2nd-degree AUO: This offense occurs when an individual:
  • was driving with a suspended driver’s license and received a driving while intoxicated (DWI) conviction;
    refused a field sobriety test when stopped for DWI; or
  • Has three license suspensions for failure to appear;
    • 2nd-degree AUO carries a fine of $500 to $1,000 and seven to 180 days in jail;
    • A second driving-while-suspended conviction within 18 months of a defendant’s first offense is also 2nd-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;
• 1st-degree AUO: This is a Class E felony. 1st-degree AUO involves the following acts:
  • Committing a 2nd-degree AUO while being under the influence of drugs or alcohol;
  • Having ten or more previous driver’s license suspensions for failure to appear or to pay fines;
  • Driving while an individual’s license is revoked for a DWI conviction;
  • Driving under the influence of alcohol or drugs while holding a DWI conditional license; and
    • Conviction of a class E felony may result in a fine of from $500 to $5,000, up to four years in state prison, or both;
      • The driver’s vehicle will also be impounded, and the vehicle may even be subject to seizure and forfeiture, meaning the owner does not get it back.

New York also prohibits prosecutors from bargaining down any AUO violations to lesser charges. If an individual is convicted of any of the offenses listed above, they may face the listed penalties in addition to mandatory probation.

Are There Any Defenses Available?

If an individual has a valid driver’s license but they forget to take it with them when they drive, they can use the forgot their license at home defense. As noted above, an individual may be arrested for driving without a license, but they cannot be convicted of a crime.

The issue will be resolved when the individual appears in traffic court with a valid driver’s license in order to prove that, in fact, they do have one. The fine for driving with an expired license is $40.

For AUO violations, it may serve as a defense if the individual can show that, at the time of the offense, they had a valid license that was issued in a foreign country or in another state.

What Do I Need to Renew My License?

Drivers in the State of New York are required to renew their driver’s license every eight years. In order to renew a New York driver’s license, an individual will need:

• Their driver’s license or ID card;
• The last 4 digits of their Social Security Number;
• Vision test results that are submitted online by a vision test provider or a completed MV-619 are needed for the license only; and
• A credit card or pinless debit card.

How Much Does It Cost to Renew My Driver’s License?

Depending on an individual’s location in New York, they can expect to pay somewhere between $64.50 and $80.50 for a routine driver’s license renewal.

Should I Consult with a New York Lawyer Regarding a Violation?

If an individual has any questions about driving without a license in the State of New York, they should consult with a New York traffic violation attorney. New York State has some of the most strict laws for enforcing licensing for drivers.

You may have been charged with any driver’s license-related offenses, such as driving without a license or aggravated unlicensed operation. In that case, it is important to have legal representation to protect your rights. This is especially true if you have been charged with a 1st-Degree AUO violation, as this is a serious felony offense that can result in a fine of as much as $5,000 and four years in prison.

Your lawyer can advise you of the laws in the state, the possible penalties for the specific offense you have been charged with, and whether any defenses may be available to you. Your lawyer will also represent you whenever you have to appear in court.