Driving on a suspended license—legally referred to as Aggravated Unlicensed Operation (AUO)—is codified under New York VTL § 511. Under state law, this criminal offense is divided into three distinct degrees based on the severity and history of the driver's conduct.

AUO 3rd Degree (Misdemeanor)

AUO in the 3rd degree is committed when a person operates a motor vehicle upon a public highway while knowing, or having reason to know, that their license or privilege of operating a vehicle in this state has been revoked, suspended, or otherwise withdrawn by the Commissioner of Motor Vehicles.

AUO 2nd Degree (Misdemeanor)

AUO in the 2nd degree is a more serious unclassified misdemeanor. It requires the base elements of AUO 3rd degree plus one of the following four conditions:

• A prior conviction for AUO within the preceding 18 months;
• The underlying suspension was for a refusal to submit to a DWI chemical test;
• The suspension was a mandatory prompt suspension from a pending DWI case; or
• The driver has 3 or more suspensions on 3 separate dates for failure to answer, appear, or pay a fine.

AUO 1st Degree (Felony)

AUO in the 1st degree is a Class E Felony. A driver can be charged with this severe offense if they meet any of the following criteria:

• Commission of an AUO 2nd while driving under the influence of drugs or alcohol;
• Commission of an AUO 3rd while having 10 or more suspensions on 10 separate dates for failure to answer, appear, or pay a fine; or
• Commission of an AUO 3rd while under permanent revocation from DWI refusals and/or convictions.

Statutory Legal Defense

It is a valid affirmative defense to an AUO charge that the driver of the vehicle at the time of the offense held a valid, un-suspended license issued by a foreign country, state, territory, or federal district.

Our Approach to AUO Defense

For our AUO clients, our complimentary case evaluation includes a comprehensive analysis of your driving record. With your permission, we will pull your official New York driving record, contact the respective courts to determine exactly why you are suspended, and identify any outstanding fees or fines you might owe. In some cases, we may even be able to reopen and reverse prior convictions to clean up your record.

Once we have completed our review, we will present you with a clear, complete picture of what is required to get you legally back on the road. Your AUO evaluation will clearly outline:

• Suspension lift fees required for all courts;
• Legal fees to handle all outstanding cases; and
• Opportunities to reverse underlying convictions, if applicable.

Our firm's structure allows you to pay one comprehensive amount to have all your court matters addressed. We send checks and letters directly to all courts to lift the administrative suspensions while we simultaneously work to resolve the underlying criminal cases. We will then appear with you—or in many cases, appear for you—in the court where your AUO charge is pending.