What Are the Penalties for Driving Without a License in New York?
Last Updated on April 11, 2022
The process of getting a driver’s license can be time-consuming, and it can be very tempting to drive without one if the opportunity presents itself. However, the penalties for driving without a valid license in New York are harsh and are not worth the risk. Here are the laws and penalties for driving without a license in New York, and what you need to know before you get behind the wheel.
Basic Penalties for Driving Without A License
The penalties for driving without a license vary depending on the severity of the incident. If you are pulled over and don’t have your license with you, but you do have a valid license at home, you can get the charges dropped. You will just need to produce the license in court to have your penalties removed. The general rule for violating New York’s driver’s license requirement is a monetary fine and up to 15 days in jail. The monetary fine is usually between $75 and $300.
More serious driver’s license violations usually result in much more serious penalties. If your license has been suspended or revoked, the court will penalize you much more severely if you’re caught driving. The general rule for anyone caught driving with a suspended or revoked license is a $500 fine and jail time for aggravated unlicensed operation, often referred to as AUO. If your license has been suspended more than three times or was suspended due to drug or alcohol violations, your financial penalties and jail time will be more severe. If your driver’s license has been suspended 10 or more times, you can be charged with first-degree AUO. This charge also applies if you are caught driving under the influencer and have had multiple drug and alcohol-related charges in the past (even if your license hasn’t been suspended 10 times a year). A first-degree AUO charge is very serious and can result in a huge fine of up to $5,000 as well as up to four years of jail time.
To recap:
| Charge | Penalty |
|---|---|
| Driving without a license | $75-$300 fine, OR Up to 15 days in jail, OR both the fine and jail time. |
| License not in possession | Fine can be dismissed by presenting valid license in traffic court |
| Third-degree AUO | $200-$500 fine, OR Up to 30 days in jail |
| Second-degree AUO | $500-$1,000 fine, AND 7 to 180 days in jail |
| First-degree AUO | $500-$5,000 fine, AND up to four years in prison, AND vehicle impoundment |
How can I get a driver’s license in New York for the first time?
If you’re getting a driver’s license in New York for the first time, you’ll first need to apply for a learner’s permit. This requires you to pass a written test and an eye exam, and you’ll need to bring a social security card and six points of identification. While you have your permit, you’ll need to complete 50 hours of supervised driving, including 15 hours of night driving, and take a five-hour driving course. You can then take a road test to get a junior driver’s license. This allows you to drive unsupervised, but you have to follow certain restrictions, depending on the area where you live. For example, you cannot drive in the city of New York, you cannot drive with more than one unrelated passenger, and you cannot drive at night in certain areas. You can get a full driver’s license at age 17 if you’ve taken a driver’s education course. You will automatically be issued a full driver’s license at 18 if you have a junior driver’s license and have not violated any of the legal regulations.
Do I need to get a new license when I move to New York from another state?
New York state recognizes driver’s licenses from other states and countries for those who are visiting. Foreigners can also get an international driving permit, which allows them to drive in the States and many other countries legally. However, residents who have just moved to New York will need to get a New York state license, even if they have a valid license from another state. You will have 30 days to apply for a new license from the time you move to New York. Once your New York State license expires, you have 60 days to renew it. If you’re caught driving on an out-of-state or expired license, you could be charged a $40 fine. However, you won’t incur the more serious penalties that come from driving without a license altogether.
What are the laws for driving with a permit in New York?
If you’re getting a driver’s license for the first time, you’ll need to get a driver’s permit while you are learning. A driver’s permit allows you to practice driving with someone who is experienced. You must be at least 16 years of age to get a permit in New York State, and you’ll need to have your permit for at least six months before you can take the driving test. There are some states where you can get a permit at the age of 15. Even if you have a permit from one of these states, you cannot drive in New York until you are 16.
If you have a permit, you will need to have an adult in the front passenger seat with you at all times. They must be over the age of 21 and have a valid driver’s license. Their driver’s license can be from another state, but it cannot be expired. You are never legally allowed to get behind the wheel alone if you have a driver’s permit. You also cannot drive on certain parkways in New York City and Westchester County, even if you are supervised by a licensed driver.
What are my alternatives to driving?
If your license has been suspended, it can be very tempting to get behind the wheel. After all, it’s hard to beat the convenience of having your own vehicle. However, the penalties that come from driving with a suspended license are so harsh that it isn’t worth the risk. Here are some alternative modes of transportation to consider if you don’t currently have a license.
- Public transportation. Many cities in New York have excellent train and bus systems. In fact, many New York City residents don’t have a car because the subway system is so extensive and reliable. There are also trains between many cities and towns in New York, and many smaller cities have bus systems as well. If you live in a university town, local schools may also offer free shuttles. If you don’t currently have a license, look into your public transportation options, as they are generally very affordable.
- Biking or walking. If you don’t need to commute far, consider getting a bike or even walking to work or school every day. It’s a great way to get your daily exercise in and enjoy some fresh air, and you’ll dramatically reduce your environmental impact. Many cities also have bike share programs or even scooter rentals, which you can use if you don’t have your own bike.
- Carpool. If your license is only suspended for a short time, see if you can carpool with coworkers, friends, or family to get around. Be sure to pay your driver back for gas as a thank you.
Driving without a license in New York comes with harsh penalties, so you shouldn’t take the risk. Consider other modes of transportation, or take steps to get a valid license before stepping behind the wheel. Although it may not seem like a big deal at the time, you won’t want to deal with jail time or hefty fines down the road.
