What in New York you can lose a driver's license

For violating traffic rules, you can be punished not only with a fine - after serious offenses on the road, you may even lose the right to drive a car. What violations lead to temporary disqualification or even cancellation of a driver's license in New York State and what should you do if you find yourself in such an unpleasant situation? ForumDaily translated official rules Department of Vehicle Registration in New York State.

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Temporary loss of driver’s license (suspension) - This is when you temporarily withdraw a document giving the right to drive a car. In some cases, for the return of the document you need to pay a special fee.

Cancellation of driver's license (revocation) - This is when your driving license expires, it no longer exists. To obtain a new license or driving permit, you need to re-apply to the Department of Motor Vehicles (DMV) after the cancellation period. In some cases, for the renewal of the document you need to pay a special fee. If you have a bad driving history or you do not meet the requirements of the Department, you may be refused to reissue a document.

Compliance (compliance) - This is the delivery of a driver's license to the court or DMV. During the period of temporary deprivation or revocation of the certificate you cannot drive a car.

Note! Cancellation periods may be longer than the minimum periods specified in this article.

Penalties for violations under the influence of alcohol and other substances

• Aggravated drunk driving (AGG-DWI) if the blood alcohol concentration is 0,18% (0,18 YOU) or higher; drunk driving with a child under 15 years in a car (AGG DWI CIV). Cancellation of driver license for 1 year.
• Drunk driving (DWI) or with an 0,08% blood alcohol content (0,08 YOU). Revocation of license for 6 months.
• Driving in a state of reduced ability to control under the action of drugs (DWAI-Drug). Temporary deprivation of a license for 6 months.
• Repeated violation of DWI, 0,08 BAC or DWAI-Drug less than 10 years after the previous one. Revocation of certificate for 1 year.
• Driving in a state of reduced ability to control under the action of alcohol (DWAI). Temporary deprivation of a driver's license for 90 days.
• Repeated DWAI violation in less than 5 years after the previous one. Revocation of license for 6 months.
• The first violation of a driver who has not turned 21 the year associated with alcohol or drugs, except in cases of "zero tolerance." Revocation of certificate for 1 year *.
• The second violation of the driver, who is not 21 the year associated with alcohol or drugs, except in cases of "zero tolerance." Cancellation of a certificate for 1 for a year or until the age of 21 is longer than two *.
• Driving while intoxicated outside of New York State. Alcohol - revocation of license for 90 days. Drugs - temporary withdrawal of a license for 6 months.

* The punishment applies even if the driver is recognized as a young offender.

Other violations

• Murder, injury or criminal negligence, resulting in death from driving a car. Revocation of license for 6 months.
• Providing false data in the application for a driver's license or registration, as well as the substitution of another driver in the driving test. If the offender is found guilty in a criminal court, then revocation of license for 6 months. By decision of a DMV Administrative Law Judge - revocation of certificate for 1 year.
• Speed ​​competitions: revocation of license for 6 months. The second speed competition in the next 3 of the year: revocation of license for 6 months.
• Three speeding and / or minor traffic offenses (XRN) for 18 months. Revocation of license for 6 months.
• Three overtaking of the stopped school bus for 3 of the year. Revocation of license for 6 months.
• Escape from the scene of death or injury to a person. Revocation of license for 6 months.

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Important rules regarding driving under the influence of alcohol and drugs

if you 21 is not over, and you were arrested for DWI, DWI aggravated or DWAI and convicted, your driver’s license will be taken from you or canceled. Even if you pass a special program for drinking drivers (Drinking Driver Program), you will still have to wait to obtain rights before the end of this period.

Refusal to undergo chemical analysis - This is a separate violation, which is counted in addition to violations related to alcohol and drugs.

Chemical analysis (for example, breathalyzer) shows the blood alcohol content (BAC), that is, the amount of alcohol in the blood as a percentage. Your driver's license will be suspended if you are arrested for DWI, DWAI, “zero tolerance” cases or any other alcohol or drug related violations and refuse to undergo chemical analysis. If your refusal is confirmed at a subsequent hearing at the DMV, your ID will be canceled for at least a year and you will be awarded an administrative fine of at least $ 500.

If at the time of the failure to pass the analysis you have not turned 21 a year, your certificate will be canceled for at least a year. If you have not turned 21 a year and you refuse to analyze for the second time for five years, your ID will be canceled for at least a year or until 21 is fulfilled (the longer one of two periods is chosen).

According to New York State's “zero tolerance” law, drivers up to 21 are prohibited from drinking any kind of alcohol. If a police officer thinks that you drank alcohol, he has the right to detain you for a while in order to request a blood alcohol test. If your BAC (alcohol in the blood) is between 0,02 and 0,07, you will need to appear at the DMV hearing. If the judge supports the charges, you will receive a six-month suspension of your driver’s license, an administrative fine of $ 125 and a fine for renewing a document of $ 100. Subsequent violations entail depriving a driver's license for a year or until reaching the 21 year (a longer period of two is chosen), plus a $ 125 administrative penalty and a $ 100 penalty for renewing the document.

Note: A person of any age who takes alcohol and controls a motorboat is subject to the same sanctions as for “refusing chemical analysis” and “zero tolerance”.

If you buy alcohol illegallyIf you use a fake ID to confirm your age, your driver’s license or the right to apply for it will be temporarily suspended.

American law of the so-called "open containers" prohibits a driver or passenger of a vehicle traveling on a public highway, street or road, to drink alcohol or carry an alcoholic beverage with them for the purpose of consumption. The penalty for the first violation is two points to the driver’s violation history, a fine of up to $ 150, obligatory surcharge, payment of assistance to the victim of the violation, and possible arrest up to 15 days. In case of repeated violation during 18 months, penalties will be higher.

The law does not apply to passengers of certain types of vehicles, such as limousines, if they have a commercial certificate or permit issued by the US Department of Transportation or the State of New York.

Lack of insurance

If you are accused of driving an uninsured car or allowing another person to drive your uninsured car, your driver's license is canceled for at least a year, and you must pay a $ 750 fine. The same sanctions apply if the DMV receives evidence that you have been involved in an accident on an uninsured vehicle.

Note: If you receive a request from DMV about liability insurance for your vehicle, read it carefully and respond as indicated in the letter.

If your car does not have insurance, you must hand over its registration documents and license plates to the management of vehicles. Even if the car is mothballed and doesn't leave, you still have to pass license plates. Otherwise, you are threatened with an administrative fine, suspension of the registration of the car and / or your driver's license.

Failure to pay for a penalty ticket or fine

Any person, including a non-resident or driver without a license, temporarily deprived of a driver's license for non-payment of fines for 20 of different dates, can be accused of “aggravated non-payment of fines” or “non-payment of fines”. This violation is punishable by an obligatory fine of $ 500, mandatory surcharge, and / or imprisonment up to 180 days. Such a person can be arrested not only while driving.

Deprivation of a certificate for an indefinite period

You can be deprived of a driver's license for an indefinite period, if you filed a wrong check as a payment for DMV services, did not pay a fee for assessing the driver’s responsibility (Driver Responsibility Assessment), did not fulfill a court sentence in a case involving an accident, did not report the accident or did not pay child support. The certificate will be returned only after you correct the circumstances that led to its deprivation.

Fatal accidents

If you are involved in a fatal accident, your driver’s license may be taken from you after a hearing at the DMV, even if you are found not guilty of a violation at the time of the accident.

Rules for new drivers

If during the trial period you were accused of speeding, reckless driving, non-observance of the distance, participation in a speed competition or any other two violations, you will temporarily be denied a driver's license for 60 days. After you return the document, your trial period will be extended for another six months.

If during these six months you are again accused of one of the above violations or two others, your driver's license will be canceled for at least six months. After you return the document, your trial period will be extended for another six months.

If during a trial period you are accused of being drunk or under the influence of drugs, you will temporarily be deprived of a driver's license for 90 days. For a DWI violation, your driver's license will be canceled for at least six months.

The state of New York has a “points system” that helps keep track of drivers who commit multiple violations in a short period of time.

If 11 or more points are collected in 18 months in your abuse history, the DMV will cancel your ID or temporarily deprive you of your driving license. You will be given one of two choices: to attend a hearing with the participation of an administrative judge, or to agree to 31 day without verification.

Points system

Note: An administrative judge during a hearing may award the deprivation or revocation of a driver's license for a longer period than originally intended.

The points for violations are counted in your history by the date of the violation, not by the charges in court.

You can remove up to four points from your history of violations and save up to 10% on driver liability insurance premiums if you take a specific DMV accident prevention course. Decrease of points from the history of violations does not affect the mandatory revocation or revocation of the certificate and cannot be counted as a "credit" for future violations. For more information, see the DMV brochure “Point & Insurance Reduction — General Information” (C32A).

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Driver Responsibility Assessment

In addition to fines, fees, and other legal charges, you may have to pay a Driver Assessment for some violations. These are, as a rule, violations, as a result of which you are convicted or administrative measures are taken against you. Your study permit, driver's license or other driver's documents may be withdrawn from you if you do not make this payment.

If you are convicted of driving under the influence of alcohol, drugs or other substances (DWI, DWAI), or if you refuse to take a blood alcohol test, you will be obliged to pay an assessment of the driver’s responsibility over the next three years, at $ 250 for each year.

If you are convicted of one or more traffic violations for the total number of 6 points during any period in 18 months, you will be obliged to pay $ 100 for each of the next three years. For each additional point received during this period, you will be credited another $ 25 per point for the year, for three years. Passing an accident prevention course does not reduce the number of points to account for the payment of a driver's responsibility assessment.

Driving in the period of revocation or deprivation of a driver's license

Aggravated Unlicensed Operation (AUO) is driving at a time when your driver’s rights are canceled or taken away.

AUO 3 degree. This is a violation in the form of driving in the period of deprivation or cancellation of documents that allow driving. Is punished mandatory penalty in the amount of $ 200 to $ 500, mandatory surcharge and possible conclusion up to 30 days or probation.

AUO 2 degree. If a driver is convicted of driving with a license pre-selected or revoked during the previous 18 months due to an AUO 3 degree, this is punishable minimum fine in the amount of $ 500, mandatory surcharge, and mandatory conclusion to 180 days or probation.

Punishment in the form of mandatory fine $ 500 to $ 1 000, mandatory surcharge and mandatory opinion on 7-180 days or trial periodif the driver is found guilty of driving while depriving or canceling driver’s documents plus one of the following factors:

• The certificate was revoked or revoked either because of driving under the influence of alcohol / drugs, or because of a refusal to undergo chemical analysis; or
• Identity certificates were deprived while awaiting trial on charges of driving under the influence of alcohol / drugs; or
• The driver has three or more certificates of deprivation on three different dates for non-payment of parking tickets.

AUO 1 degree. This is a felony punishable offense. mandatory fine from $ 500 to $ 5 000, mandatory imprisonment up to four years or test stringand possible confiscation vehicle. A driver may be found guilty of an AUO 1 degree if he was driving a car during the period of deprivation or revocation of the certificate, and in doing so:

• I was in a state of alcohol / drug intoxication, if the certificate was taken / canceled for a violation in the state of such intoxication or for refusing to undergo chemical analysis; or
• The driver already has 10 or more temporary hardships for a driver's license on 10 for different dates for non-payment of parking tickets.

Fees and administrative sanctions for renewing a document

Fees and penalties after the removal of the document - a separate article, not related to fines or additional payments.

The general rule is: if you are temporarily deprived of a driver's license, you must pay a $ 50 fee to get a certificate back, except if you were deprived of a document for an indefinite period, before a hearing or investigation. The fee is $ 70 for non-payment of a parking ticket, fine, mandatory surcharge or payment of assistance to the victim of the violation.

After canceling your driver’s license, you will not be able to apply for a new document until you pay the $ 100 fee. This fee does not have to be paid if the certificate is revoked for lack of insurance or if the driver passes a New York State driver drinker program.

For some cancellations, you need to pay an administrative fee before applying for a new certificate:

• Lack of insurance or DPT with no insurance: $ 750 administrative fine;
• Refusal to undergo chemical analysis: $ 500 administrative fine;
• Refusal to undergo chemical analysis under the condition of a previous refusal or violation in the state of alcohol intoxication for five years: $ 750 administrative fine.

Conditional and Limited Certificates

If you are temporarily deprived of a license or canceled, you can get a limited or conditional license to drive a car in certain situations, such as work and home. If you pass by the criteria for obtaining such a certificate, the DMV will inform you about this in the same letter with which you will receive a warrant for the temporary deprivation or revocation of your driver's license.

Ignition Enable Lock Program

The judge is obliged to award the use of an instrument that blocks the ignition on as a condition for a trial period or conditional exemption. In the event of an aggravated violation - drunk driving or repeated violation in the form of driving into a state of intoxication for five years, the judge must decide to install such a system on all vehicles belonging to this driver for the period of certificate revocation and for a trial period or period of conditional release after him. For a recidivist offender, the judge is also required to award an alcohol rating. If the assessment indicates that the driver needs to be treated for alcohol dependence, treatment may be put forward by the judge as a condition for the trial period or conditional release.

The device buys and installs the driver at his own expense. It joins the car's ignition system and measures the alcohol content in the driver's breath. Until the content is acceptable, the car will not start. When using an ignition blocking device, a driver may have a conditional driver's license. If the driver violates a court order, this certificate is revoked. Any violation of traffic rules, except those associated with parking, stopping or parking, will also invalidate the temporary driver's license.

Violations of drivers for hire or driving commercial vehicles

All the sanctions set forth in this material relate to violations of drivers of non-commercial vehicles: cars, light trucks and motorcycles. Information about fines for commercial drivers of trucks, buses, school buses, vehicles transporting disabled people or hazardous substances is available in the brochure New York State Commercial Driver's Manual (CDL-10). This brochure can be obtained at any DMV office, as well as by ordering online or by calling the service.

Non-resident drivers

If your driver's license is issued by another state, your right to drive cars in the state of New York may be temporarily terminated or canceled.

After the suspension or cancellation period has expired, you can apply for a renewal of driving license in the state of New York. You need to send a written request to:

The NYS Department of Motor Vehicles
Driver Improvement Bureau
6 Empire State Plaza
Albany, NY 12228

A written application must be accompanied by a $ 25 renewal fee. Pay by check or money order to “The Commissioner of Motor Vehicles”. To begin processing your application, you will also need to pay administrative fines for refusing to undergo chemical analysis or driving without insurance, as well as all other applicable fines and sanctions.

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