Getting behind the wheel with a suspended license because of a DWI-related issue is a serious matter that can lead to harsh penalties and criminal consequences. While many drivers may assume that driving with a suspended license after a DWI is simply a traffic violation, this is not the case in New York. Whether your license was suspended after a DWI arrest, a DWI conviction, or a chemical test refusal, driving before it has been reinstated can lead to additional criminal charges, monetary fines, and even jail time.
What Can Trigger a DWI-Related License Suspension?
It’s not only a DWI conviction that can trigger a license suspension. There are several DWI-related events that can result in a loss of driving privileges. Common situations that may lead to license suspension can include the following:
- An administrative suspension following a DWI arrest
- A suspension or revocation resulting from a DWI conviction
- A suspension for refusing to commit to a chemical test
- A revocation based on multiple alcohol-related driving offenses
- A suspension related to violating the terms of a conditional or restricted license
Regardless of how the license suspension occurred, driving before your privileges have been legally restored can expose you to additional criminal charges and penalties.
Aggravated Unlicensed Operation in New York
Under New York law, driving with a suspended or revoked license is generally charged as Aggravated Unlicensed Operation (AUO). While the severity of the charge depends on the circumstances surrounding the suspension, prosecutors often pursue more serious charges in cases where the suspension was DWI-related, rather than for a routine administrative suspension.
The levels of AUO offenses in New York are as follows:
- Third-degree AUO: An individual may be charged with a third-degree AUO if they operated a motor vehicle while knowing, or having reason to know, that their license was suspended or revoked. While this is the least serious AUO offense, it is still a misdemeanor and can lead to significant fines, additional license penalties, and a criminal record.
- Second-degree AUO: AUO charges become more serious when a license suspension is connected with an alcohol-related offense. An individual may face second-degree AUO charges for driving with a suspended license resulting from a DWI conviction or a chemical test refusal. This offense is a misdemeanor and can lead to monetary fines, surcharges, and possible jail time.
- First-degree AUO: A first-degree AUO is a felony offense that can be charged when an individual drives while under the influence of drugs or alcohol with a license that has already been suspended. An individual can also be charged with this offense when they repeat certain offenses involving both impaired driving and license suspension. A conviction can result in significant monetary fines, lengthy incarceration, probation, and long-term collateral consequences concerning housing and employment opportunities.
Due to the severity of the consequences of an AUO conviction, it’s essential to have a skilled DWI defense attorney who knows how to fight the charges and mount a solid defense.
Defenses to Aggravated Unlicensed Operation
Just because you’ve been charged with an AUO in connection with a DWI-related license suspension does not automatically lead to a conviction. Depending on the facts and circumstances of your case, you may have several defenses available. For instance, your attorney may be able to challenge whether you had proper notice of the suspension or whether the police had a lawful basis for the traffic stop. They might also identify weaknesses in the prosecution’s case, uncover evidentiary deficiencies, or argue that the prosecution is unable to prove every element of the offense beyond a reasonable doubt.
In some cases, an attorney may be able to negotiate a plea bargain or pursue alternative resolutions that minimize the impact on your criminal record and driving privileges. While every case is unique, it’s best to discuss your specific situation with a knowledgeable criminal defense attorney who can best advise you.
Contact an Experienced New York Criminal Defense Attorney
If you’ve been charged with the offense of aggravated unlicensed operation, it’s critical to have the representation of a criminal defense attorney who can fight for the best possible outcome in your case. Offering aggressive advocacy and trusted counsel, the criminal defense attorneys at D’Emilia Law work tirelessly to achieve positive results for every client. To schedule a consultation, contact us at 1-888-DEMILIA.
