AUO Attorney in Nassau County, Long Island
New York State requires that every individual operating a motor vehicle be in possession of a driver’s license. Driving without one is a serious offense that comes with overwhelming consequences. If you knew or should have known about the trouble with your license and were caught driving without one, you could be charged with an aggravated unlicensed operation of a motor vehicle ticket (AUO), which is quite a serious offense. If you didn’t know you had a problem with your license, you may face a small traffic infraction. To fully understand your case and protect your future, you should contact a Garden City AUO Lawyer to guide you through the law and passionately fight your charges. If you need quality legal services from an experienced legal team, contact KCS Law as soon as possible.
Driving Without a License vs. Aggravated Unlicensed Operation (AUO)
The difference between driving without a license and an AUO is monstrous. Driving without a license is a traffic infraction. An AUO is a serious problem. If you knew about your license’s status and willfully operated a vehicle, you have a serious problem and will need an effective attorney immediately. An AUO conviction is a criminal matter that can subject you to possible jail time and a potentially permanent criminal record.
Penalties for Driving Without a License in New York
Driving without a license is a fixable ticket that comes with fines ranging from $75 to $300, and potential imprisonment of no more than 15 days. It is almost unheard of for someone to be sent to jail over the infraction and most of the time, it is a fixable ticket if you left your license at home and can easily prove that you have a valid one. An aggravated unlicensed operation of a motor vehicle is another story.
Aggravated Unlicensed Operation (AUO) in the Third Degree
A conviction of an AUO in the third degree means that you knew or should have reasonably known about the problem with your license. You willfully ignored the direction of the court. This offense is a misdemeanor. It comes with potential fines between $200 and $500 and potential imprisonment up to 30 days. Additionally, if you are convicted of an AUO, as of the 2024 changes to the New York DMV, you will face 11 points on your license. This also triggers an immediate hearing with the New York DMV. However, first-time offenders will find that the DMV grants an accumulation exemption for those facing a first offense AUO, meaning the points will not immediately count towards the threshold so long as they complete a mandatory driver improvement course within the required timeframe. A hearing is still required, however, as a 2026 change lowered the amount of accumulated points to trigger a suspension to 10 points.
As of 2026, the New York DMV has extended the lookback period for points from 18 months to 24 months. As such, any points you receive today will still remain active and count towards your license suspension for a full two years from the date of the violation.
You should also note that because an AUO triggers a driver responsibility assessment (DRA) surcharge of $675, split over the course of three years.
AUO in the second degree
A conviction of an AUO in the second degree means that you were caught driving while already guilty of a first AUO within the last 18 months, the previous suspension was because of a chemical test refusal, a DWI, or 3 or more unanswered suspensions for failure to appear or pay a fine. This offense is also a misdemeanor. Depending on the circumstances that upgraded the offense to a second-degree charge, it comes with varying fines and terms of imprisonment.
AUO in the first degree
A conviction of an AUO in the first degree is a Class E felony. You could face these charges if you were caught committing an AUO in the second degree while under the influence of drugs or alcohol, committing an AUO in the third degree with at least 5 suspensions for failure to appear or pay a fine under Angelica’s Law, or committing an AUO in the third degree with a permanent revocation of your license. While most class E felonies carry up to four years in jail, those that fall under Angelica’s law have a maximum sentence of 2 years in prison. In general, anyone who is found to have committed 4 alcohol or drug-related driving offenses will face permanent license denial. As such, operating a vehicle with a revoked license due to 4 previous drug or alcohol incidents can result in an automatic felony level AUO offense. In addition, you could face fines ranging from $500 to $5,000, and a term of incarceration of no more than 4 years.
Contact a Garden City AUO Lawyer
If you are convicted of aggravated unlicensed operation of a motor vehicle, you are facing serious consequences. These are criminal charges that have the potential for incarceration and a permanent criminal record. If you have a permanent criminal record, you could impact the rest of your life, especially current employment and the ability to gain future employment. You need an attorney to fight for your future. If you need a Long Island attorney to explore all legal means to avoid or lessen the charges and defend your interests in court, contact KCS Law.