What Happens When You’re Caught Driving While Suspended?
Sept. 25, 2025
At some point, many New Yorkers may find themselves facing charges for driving with a suspended license. Driving with a suspended license isn’t just a traffic violation—it’s a criminal offense with penalties that can affect your freedom, finances, and future.
I’ll explain what happens when you’re caught driving while suspended and what penalties you might face. At Michael Kuzma Attorney at Law, I work with drivers in New York State, who are facing suspended license charges. My role is to help you understand your options, protect your rights, and take steps toward resolving the issue. Contact me today to learn more.
What a License Suspension Means
A suspended license means the state has temporarily withdrawn your right to drive. Unlike a license revocation, where you must apply for a new license entirely, a suspension is usually lifted after a set period or once you’ve taken specific steps.
In New York, suspensions can result from unpaid tickets, failure to pay child support, alcohol-related offenses, or accumulating too many points on your driving record. Each of these reasons carries its own process for reinstatement.
Understanding why your license was suspended is important because the underlying cause affects how your case will proceed.
Why People Drive With Suspended Licenses
It’s common for clients to tell me they didn’t realize their license had been suspended. The notice may have been mailed to an old address, or they may have misunderstood court instructions. Others choose to drive anyway because they feel they have no other option to get to work, care for family, or manage daily obligations.
While these reasons are understandable, the courts don’t treat them lightly. Driving while suspended is classified as Aggravated Unlicensed Operation (AUO) in New York, and it carries serious consequences.
What Happens During a Traffic Stop
If you’re pulled over and the officer discovers your license is suspended, the situation quickly escalates beyond a routine traffic stop. The officer will likely:
Run your license through the Department of Motor Vehicles (DMV) system.
Issue a ticket or charge you with Aggravated Unlicensed Operation.
In some cases, arrest you on the spot.
Your car may also be impounded, adding another layer of cost and difficulty.
Types of Aggravated Unlicensed Operation
New York law divides AUO into three degrees, according to the New York State Senate, each with escalating penalties:
Third degree: Driving while knowing or having reason to know that your license is suspended. This is a misdemeanor.
Second degree: Driving while suspended for alcohol or drug-related offenses, or if you’ve had multiple suspensions.
First degree: Driving while suspended under the influence of alcohol or drugs, or driving with 10 or more suspensions. This is a felony.
Understanding which charge you’re facing helps you prepare for what’s ahead.
The Penalties for Driving While Suspended
Penalties vary depending on the degree of AUO but can include:
Fines ranging from a few hundred dollars to several thousand.
Mandatory surcharges and fees.
Possible jail time or probation.
Additional suspensions or revocations.
Increased insurance premiums or cancellation of coverage.
The law treats repeat offenses more harshly, and prior violations can significantly raise the stakes.
Court Proceedings After an Arrest
After being charged, you’ll receive a notice to appear in court. At this stage, it’s important to take the charge seriously. Appearing without preparation or legal support can result in maximum penalties.
During the proceedings, the prosecutor will present evidence that your license was suspended and that you were driving knowingly. The judge will consider the circumstances, your driving record, and any prior violations.
This is where legal representation can make a significant difference in the outcome.
Possible Defenses Against Driving While Suspended
Not every case ends with a conviction. There are defenses that can reduce or even dismiss charges depending on the situation. Some potential defenses include:
Lack of knowledge: If you genuinely didn’t know your license was suspended and can demonstrate you weren’t properly notified.
Administrative error: Mistakes in DMV records can sometimes lead to wrongful suspensions.
Emergency situations: Driving due to an immediate emergency may be a factor the court considers.
These defenses don’t apply in every case, but they highlight why analyzing the details is so important.
Steps to Take If You’re Charged
When you’re facing a suspended license charge, it helps to be proactive. Here are a few steps I recommend:
Address the underlying suspension: Pay outstanding tickets, resolve child support arrears, or complete any required courses.
Gather documentation: Keep proof of payments, letters, or notices that support your defense.
Seek legal support quickly: The sooner you have representation, the stronger your position in court.
Taking these actions shows the court that you’re making an effort to correct the situation.
Consequences Beyond the Courtroom
The penalties don’t end with the fine or jail sentence. A conviction for driving while suspended can affect many areas of life:
Employment: Employers who require driving may terminate your position.
Finances: Higher insurance costs can strain your budget.
Travel: Ongoing license issues may limit your ability to drive across state or international borders.
Understanding these consequences is important because they shape how you prioritize your defense.
Long-Term Impact of Multiple Offenses
For drivers with multiple offenses, the consequences become much more severe. The court views repeat violations as disregard for the law, which increases the likelihood of harsher penalties.
A felony AUO conviction can carry prison time and create a criminal record that affects housing, employment, and professional opportunities. These long-term effects are why addressing the first charge seriously is so important.
Alternatives to Jail and Heavy Fines
Depending on the court and the circumstances, there may be alternatives to jail or heavy fines. Judges sometimes allow:
Conditional discharges.
Community service.
Programs designed to address alcohol or drug use if those factors played a role.
These alternatives don’t remove the seriousness of the offense, but they can reduce the long-term consequences.
Why Legal Support Matters
Some clients initially believe they can handle the case themselves, but once they step into court, they realize how serious the situation really is. Prosecutors treat AUO charges aggressively, and without a clear defense, convictions are common.
Having representation means someone is analyzing the details, questioning errors, and presenting a defense that considers both the short- and long-term effects on your life.
Moving Forward After a Suspension
If you’ve been caught driving while suspended, it’s important to focus not just on the immediate case but also on how to restore your driving privileges legally. This may involve paying fines, completing required courses, or submitting paperwork to the DMV.
Taking these steps reduces the likelihood of future suspensions and shows the court that you’re committed to compliance.
Reach Out Today for Help
Being caught driving while suspended is more than an inconvenience—it’s a criminal charge with serious consequences that can affect many aspects of your life. The penalties, court process, and long-term effects require careful attention.
Using tools like FOIA requests, addressing the underlying causes of suspension, and presenting a strong defense are all strategies that can improve the outcome. With the right legal support, it’s possible to move forward and rebuild.
If you’re facing charges for driving while suspended, don’t wait to get help. Contact me, Michael Kuzma, serving clients facing traffic charges in New York State.