posted by
Seth Azria on November 10, 2011 16:47
Question Detail
I got pulled over for a DUI and was told my license was suspended.
Answer
Driving on a suspended license is Aggravated Unlicensed Operation (AUO) and is either a misdemeanor or felony in NY.
The reason your license was suspended is very important. The most common situation is a suspension for a failure to answer a ticket or pay a fine. In this case, the charge will be AUO in the 3rd degree. The penalties for AUO 3rd are a fine between $200-$500 plus surcharge and/or not more than 30 days in jail.
If your license was suspended because you refused a chemical test for a previous DWI stop; was suspended during the pendency of a previous DWI case; or you had between 3 and 9 suspensions imposed on 3 separate dates then the charge will be AUO in the 2nd degree. This is also a misdemeanor with a fine of $500-$1000 and a term of imprisonment between 7 and 180 days.
And finally, if, when you were pulled over, you could have been charged with AUO in 2nd degree and described above and you were under the influence of alcohol at the time then you may be charged with AUO in the 1st degree. AUO 1st is a class E Felony with a fine between $1,000 and $5,000 and sentence of imprisonment determined by the penal law, which under NY Penal Law §70.00 is a term not to exceed 4 years.
Now that we are talking AUO, there are some other ways to get charged with Aggravated Unlicensed Operation in the 1st and 2nd degree:
You can be charged with AUO 2nd if you had been convicted of AUO in the previous 18 months, in this situation the fine must be not less $500 and a term of imprisonment not more than 180 days.
You may be charged with AUO 1st if you have 10 or more suspensions imposed on 10 separate dates or if your license was permanently suspended under the DWI law.
In summary, if you don’t fit into one of the categories of AUO 2nd, it is AUO 3rd. If you do fit into one of those categories, it will be AUO 1st. Of course, you should speak to an attorney regarding your specific case.