New York Driving Record
You must have a valid driver license to drive legally in New York State. If you reside in and hold another license from another state or nation, you probably can drive legally in New York State. However, even if you are licensed elsewhere, you may not drive in New York State if you are under age 16.
New York Manditory Suspension/Revocation
Your driver license or driving privilege can be suspended or revoked for many reasons. The following suspensions and revocations are required by law:
Alcohol and Drug Violations
- Driving while ability impaired by alcohol (DWAI): 90-day suspension.
- Driving while ability impaired by drugs (DWAI-drug): minimum six-month suspension.
- Driving while intoxicated (DWI), with .08 of one percent blood alcohol content (.08 BAC): minimum six-month revocation.
- Driving under the influence of alcohol or drugs out-of-state (DUI): minimum 90-day revocation.
- DWAI violation within five years of any prior alcohol or drug-related violation: minimum six-month revocation.
- DWI, .08 BAC, or DWAI-drug violation committed within ten years of any prior DWI, .08 BAC, or DWAI-drug violation: minimum one-year revocation.
Chemical Test Refusals
- Chemical test refusal, drivers over age 21: minimum one-year revocation (18 months for a commercial driver).
- Chemical test refusal, drivers over age 21, within five years of a prior refusal revocation or any alcohol or drug-related violation: minimum 18-month revocation (permanent for a commercial driver).
- Chemical test refusal, drivers under age 21, first time: minimum one-year revocation.
- Chemical test refusal, drivers under age 21, second time: minimum revocation until age 21 or one year, whichever is longer.
- Zero Tolerance test refusal: minimum one-year revocation.
Younger Drivers
If you are under 21 when arrested, conviction for any of the alcohol or drug related violations listed above will result in a minimum one-year revocation. A second violation while under 21 requires a revocation for one year or until you reach age 21, whichever is longer. These penalties apply even if you are adjudicated as a youthful offender, or if you were arrested or convicted out of state
Under the state's "Zero Tolerance Law," a driver under 21 will have his or her license suspended for six months if found to have a BAC from .02 to .07. A .02 BAC could occur with as little as one drink. For a second Zero Tolerance violation, the driver's license will be revoked for one year or until the driver turns 21, whichever is longer.
Speeding and Other Violations
Your license will be revoked for at least six months if you are found guilty of:
- Three speeding and/or misdemeanor traffic violations within 18 months (based on date of violation, not date of conviction).
- Three "passing a stopped school bus" violations within three years.
- One violation of "leaving the scene of a personal injury or fatal accident."
- One "participating in a speed contest" violation. Conviction of a second speed contest violation within 12 months results in a revocation of at least one year.
No Insurance
Your license will be revoked for at least one year if you operate or allow another person to operate your uninsured vehicle, or if the DMV receives evidence that you were involved in a traffic crash without being insured. If your vehicle has a lapse in insurance coverage, you must turn in the license plates and registration to a motor vehicle office. Even if the vehicle is taken off the road and not being driven, you must surrender the plates or you may face civil penalties, registration suspension and/or license suspension.
Indefinite Suspensions/Revocations
Your license will also be suspended indefinitely if you fail to file an accident report, submit a bad check for DMV fees, fail to pay child support, or fail to satisfy a court judgment that results from a traffic accident. This suspension will be in effect until you correct the condition that led to the suspension.
Commercial Drivers
Because of their extra responsibility to traffic safety, drivers of tractor-trailers, heavy trucks and vehicles carrying hazardous materials face stiffer penalties than non-commercial drivers if convicted of certain violations. For information about the commercial driver penalties, read Section 1 of the Commercial Driver's Manual (CDL-10).
It is a felony to drive a school bus carrying one or more students while you are impaired or intoxicated. If you are found guilty of an alcohol or drug-related violation while driving a school bus, taxi, or livery vehicle while carrying a passenger, your license will be revoked for at least one year. If found guilty of a second violation within ten years, you could be permanently prohibited from holding a Class CDL license.
New York Point System
The DMV point system identifies "persistent violators"; that is, drivers who commit a series of violations in a relatively short time period. The table in this chapter lists the point values assigned to various moving traffic violations. Please note that traffic laws that must be obeyed on public highways, roads, and streets, also apply to parking lots open to the public.
While each violation listed, by itself, may not be serious enough to require license suspension or revocation, the accumulation of several violations on your driving record may indicate that action should be taken.
The point values charged against your record are based on the date you commit the violation, not the date you are convicted in court. If you acquire 11 or more points within 18 months, you will be notified by mail that your license will be suspended. You may request a DMV hearing only to show that the convictions in question were not yours. You may not re-argue the convictions or request the suspension be waived based upon special or mitigating circumstances.
| Points | Type of Violation |
|---|
| 3 | Speeding MPH not specified |
| 3 | Speeding MPH over posted limit: 1 to 10 |
| 4 | Speeding MPH over posted limit: 11 to 20 |
| 6 | Speeding MPH over posted limit: 21 to 30 |
| 8 | Speeding MPH over posted limit: 31 to 40 |
| 11 | More than 40 |
| 5 | Reckless driving |
| 5 | Failing to stop for school bus |
| 4 | Inadequate brakes |
| 4 | Following too closely (tailgating) |
| 3 | Improper passing, unsafe lane change, drove left of center, or drove wrong direction |
| 3 | Violation involving a traffic signal, stop sign or yield sign |
| 3 | Failing to yield right-of-way |
| 3 | Railroad crossing violation |
| 3 | Leaving scene of incident involving property damage or injury to domestic animal |
| 3 | Safety restraint violation involving person under 16 |
| 2 | Inadequate brakes (while driving employer's vehicle |
| 2 | Any other moving violation |
Additional New York Resources
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