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Steps and Criteria to get Relicensed After a Revoked License in New York

by Seth Azria on 4/27/2019
License Restoration 6 min read

Steps and Criteria to get Relicensed After a Revoked License in New York

By Seth M. Azria, Esq.

1. Get Approved by DIU

The first step in getting your license back after a revocation is to request and receive approval from the Driver Improvement Unit (DIU). Once you have approval, you may apply at the DMV office. Please note that the DIU review can take time.

Apply Online for Your Approval: Online applications are easiest. The website will tell you if you are eligible to apply, and if not, list the reasons why and the steps to take. If you are eligible, it can issue your approval immediately. Before you apply online, you must wait until your suspension period has expired, clear all suspensions, and sign up for a MyDMV account.

2. Clearing Suspensions

If you have suspensions on your record from courts for failure to appear on a traffic ticket, we recommend hiring an attorney to minimize the potential impact of those tickets. For suspensions from courts for failure to pay a fine, we recommend contacting the court directly to determine the amount you owe and pay it directly to the court. Whenever sending a payment to a court, always include a self-addressed stamped envelope so that the court will send a receipt.

Before reapplying, please read all the requirements provided by the DMV: NY DMV Relicensing Guidelines.

DMV Relicensing Guidelines (15 NYCRR Part 136)

Section 510 of the Vehicle and Traffic law gives the Commissioner of Motor Vehicles the discretion to issue a license after a revocation. Section 136 of the New York Code of Rules and Regulations (NYCRR) establishes the guidelines and definitions to structure the determination of whether the commissioner may reissue a driving license.

Preliminary Requirements:
Prior to starting any effort to regain your license you must:
  1. Serve the minimum waiting period;
  2. Clear all suspensions on your record; and
  3. Provide in your application all documents or information requested by the commissioner.
Failure to comply with all these requirements will result in an immediate denial of your application without review (15 CRR-NY 136.3).

Mandatory Application Review Denials

There are three primary ways an application for relicense will be denied:

  • 1. Disability: The commissioner finds a disability and the driver fails to present evidence to satisfy the commissioner that they may safely operate a motor vehicle (136.1(b)(2)).
  • 2. History of Drug or Alcohol Abuse: The commissioner finds a history of drug or alcohol abuse (two or more incidents within 25 years) with insufficient evidence of rehabilitative effort (136.1(b)(3) & 136.1(b)(4)). Note: Lifetime reviews apply for those with 3 or more alcohol/drug related driving convictions.
  • 3. Over 25 Negative Units: A combination of safety factors resulting in 25 or more negative units.

Permissive Denials

If, upon review of a driver’s entire record, the commissioner finds that the individual is a problem driver, the application can be denied. A problem driver is someone whose series of convictions, incidents, and/or accidents establishes that they would be an unusual and immediate risk upon the highways. A denial for this reason means the driver must wait a year before re-application.

Calculating Negative Units

To determine how many negative units you have, go through your driving history and assign the values below for the occurrence of each event. More recent events (within 1 year of your application) count more heavily than older events (1 to 3 years).

Safety Factor (Violation/Incident) 1 to 3 Years Before Application Within 1 Year of Application
Referee Finding of Gross Negligence -5 units -8 units
Accident with a Conviction -3 units -4 units
First & Second Speeding Conviction (+1 unit for 25+ mph over) -3 units -4 units
Third & Subsequent Speeding (+1 unit for 25+ mph over) -5 units -8 units
Reckless Driving, Speed Contest, or Passing School Bus -5 units -8 units
Leaving Personal Injury Accident -8 units -11 units
DWAI (Traffic Infraction) - 1st / 2nd / 3rd -5 / -8 / -11 units -8 / -11 / -14 units
DWI / Aggravated DWI / DWAI-Drugs - 1st / 2nd+ -8 / -11 units -11 / -14 units
Chemical Test Refusal -6 units -11 units
Vehicle Related Crimes (Homicide/Assault) -11 units -14 units
Driving During Alcohol-Related Suspension -10 units -12 units
Driving During Other Suspension -8 units -10 units
False Statements & Altered Documents -3 units -4 units
Other Moving Violation Convictions -2 units -3 units
Important Notes on Calculations:
• The point reduction program (defensive driving class) has no effect on the negative unit calculation.
• Time periods commence on the date the incident occurred.
• If multiple safety factors arose from the same incident, only the most serious factor is counted (e.g., if reckless driving involved an accident, only the reckless driving counts).
Need Help Clearing Suspensions or Applying for Relicensing?

If you have suspensions holding up your license restoration, we can help negotiate with courts to clear your record and guide you through the relicensing process.

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