One of the most frustrating aspects of a DWI conviction is the loss of driving privileges that accompany the criminal charges. Some might be tempted to drive even though they do not have a license. New York inflicts serious penalties on those who drive without a license, however.
Driving Without a License
There are different penalties for those caught driving without a license, depending on the reason that the driver does not have a license. The least severe offense is called unlicensed operation. A common example of UO is where the driver simply failed to renew his or her license at the renewal date. If the driver had a valid license within 60 days of the offense, the driver receives a $40 ticket. If the driver does not have a license, the penalty is a fine from $75 to $300 and up to 15 days in jail.
Driving After Suspension or Revocation
The consequences are more serious if police catch a person driving after his or her driver's license is suspended or revoked. Aggravated Unlicensed Operation offenses range in severity and punishment.
- AUO Third Degree: This is a misdemeanor offense, which can result in a fine of $200 to $500, a surcharge to the DMV for three years after the license suspension or revocation period and up to 30 days of jail time or probation.
- AUO Second Degree: This is also a misdemeanor offense. The punishment and fine for a second degree AUO vary based on the reason for the revocation or suspension. If a driver gets a second degree AUO because he or she has committed a third degree AUO within the past 18 months, the fine is a minimum of $500, along with the surcharge to the DMV and a mandatory jail term or probation period of up to 180 days. If the suspension resulted from an alcohol or drug violation, the fine is $500 to $1,000, along with the DMV surcharge and a minimum of seven days in jail, with a maximum sentence of 180 days, as well as a probation period of three years, unless there are extenuating circumstances present.
- AUO First Degree: This is a felony offense which results from driving while intoxicated when the driver's driving privileges are currently suspended or revoked for an alcohol or drug related offense. The punishment for first degree AUO is a fine of $500 to $1,000, along with the surcharge to the DMV and up to four years of prison or probation. The police may also seize the driver's vehicle and the driver may forfeit the vehicle entirely.
Conditional License
Those with a conditional license need to pay particular attention to the differences in potential penalties for driving violations with such a license. Currently, if a driver with a conditional license drives outside the time parameters of the license or for a purpose the license does not allow, the resulting infraction is a third degree AUO and the driver will face all the associated penalties. However, the New York Senate passed a bill on May 16, 2011 that would make it so that if a driver with a conditional license operates a vehicle while intoxicated, the resulting infraction would be a first degree AUO and the driver would face the much more stringent punishments associated with that offense.
The hassle associated with DWI charges and convictions can be a huge ordeal. If you are facing the turmoil of a DWI charge, do not hesitate to contact an attorney who can discuss your situation with you and advise you of your options.
