Is AUO3 a Misdemeanor in New York?

Written By: Benjamin Goldman, Esq.

There are different levels of criminal offenses in New York state, generally grouped into two main categories: felonies and misdemeanors. Within those two categories, there are different levels or classes of offenses. When a driver has had his or her driving privileges revoked or suspended and is caught driving without a license, the crime is referred to as "Aggravated Unlicensed Operation", or AUO. Here is how different types of AUO are treated under the law:


If you were charged with Aggravated Unlicensed Operation in the third degree, or AUO-3, for driving while your New York driver's license is suspended or revoked, you have been charged with a misdemeanor. Misdemeanors are less serious than felony charges, however AUO-3 is still a crime in New York and comes with monetary fines of $200 - $500, a mandatory surcharge, and the possibility of up to 30 days in jail, or probation.


Aggravated Unlicensed Operation in the second degree, or AUO-2, is still a misdemeanor but is a more serious charge than an AUO-3. If you were convicted of an AUO-3 and within 18 months you are again convicted of driving with a suspended or revoked license, you will be charged with AUO-2. AUO2 charges carry monetary penalties starting at $500, a mandatory surcharge, and mandatory imprisonment or probation of up to 180 days.

If the original reason for the license being suspended or revoked was because of an alcohol- or drug-related violation, or because you refused to take a chemical test, or if you had three or more suspensions for failing to respond to different traffic tickets on different dates, an AUO-2 conviction will mean you will pay a mandatory fine of between $500 - $1,000 and will face mandatory imprisonment or probation of between one week and 180 days.


Aggravated Unlicensed Operation in the first degree, or AUO-1, is a felony. If you were impaired or intoxicated and were driving with a license that was already suspended or revoked because of an alcohol- or drug-related offense, or if you have had ten or more license suspensions imposed on at least ten different dates because you did not respond to traffic tickets, you will be facing AUO-1 charges.

AUO-1 charges come with mandatory fines of between $500 - $5,000. In addition, drivers face mandatory imprisonment or probation of up to four years. In addition, your vehicle may be seized or forfeited if you were convicted of AUO-1.


As you can see, the potential risks of driving after your New York license was suspended or revoked are severe; convictions come with steep consequences. In addition to these penalties, drivers will also have to pay higher automobile insurance rates for years to come.

If you were charged with driving with a suspended license, you can contact the Benjamin Goldman Law Office for a free consultation. We have helped many motorists in such situations. In many instances, our attorneys have been able to get the criminal charges reduced to minor non-criminal violations. We provide motorists with a free consultation. It can be done in person or over the phone.

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Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.