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Driving is a privilege that should not be taken lightly. If someone loses a driver's license for a period of time due to some offense, it is important to know that continuing to drive can lead to severe consequences. It is illegal in New York to drive when your driver's license has been suspended, revoked or withdrawn by the Department of Motor Vehicles. A driver who does so can be cited for an offense called Aggravated Unlicensed Operation (AUO).
The least serious level of AUO is the third degree, which applies when there are no other AUO offenses on the driver's record for at least the last eighteen months and no other aggravating factors. The penalty is a fine of $200 to $500, up to 30 days in jail, or both.
Additional aggravating factors increase the severity of the offense as well as the penalties. Second-degree AUO can be charged when any of these aggravating factors apply:
- Previous conviction for AUO within the past eighteen months
- Previous license suspension or revocation because of an alcohol or drug use conviction (DWAI or DWI), or because of refusal to take a breathalyzer test
- Previous mandatory suspension while awaiting prosecution for an alcohol or drug offense
- Three or more previous suspensions
Penalties for second-degree AUO can include a fine of $500 to $1000, one week to six months in jail, or both, and possibly both probation and jail time.
While second- and third-degree AUO are misdemeanor offenses, first-degree AUO is a felony and carries much more serious penalties. Fines can be imposed as high as $5,000 and the offender could be incarcerated per the state penal law. First-degree AUO can be charged if a driver:
- Has a prior second-degree AUO involving drugs or alcohol or based on three or more prior suspensions, and is charged with operating a vehicle under the influence of drugs or alcohol
- Has had prior suspensions or revocations on at least 10 separate dates
- Is driving after a license was permanently revoked for DWI or refusal to take a drug test
It is wise to avoid any chance of being charged with an AUO offense by not driving without a valid driver's license in the first place. For someone who does make the mistake of committing a first AUO offense, being charged with third-degree AUO should serve as a wake-up call. More offenses could lead to second- and even first-degree AUO, with steep fines and possible imprisonment.
An attorney specializing in defending traffic offenses is the best resource when a driver is charged with AUO. The attorney's expert advice and defense may help avoid serious convictions on the driver's record and preserve future driving privileges.
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