As of November 6, 2024, the New York State DMV has implemented significant changes to point values, penalties, and relicensing standards. These updates aim to increase highway safety by focusing on repeat offenders, especially those involved in alcohol, drug, and unlicensed driving violations. Here’s a breakdown of the most critical changes and what they mean for New York drivers.
1. DWIs and Driving with a Suspended/Revoked License Now Carry 11 Points
In a major shift, convictions under Vehicle and Traffic Law (VTL) § 1192 (DWIs) and § 511 (Aggravated Unlicensed Operation) will now incur 11 points. This change means that any moving violation or instance of driving on a suspended license will carry severe consequences. Drivers with 11 points within 24 months may face an administrative hearing, risking further suspension or revocation. It’s now essential to assess each plea carefully, keeping clients’ point history in mind.
2. Changes to the Driver Responsibility Assessment (DRA)
The DRA remains in effect for drivers who accumulate six or more points within 18 months, at $100 per year for three years plus $25 for each additional point. However, DWI/DWAI convictions now face an additional DRA, potentially adding $675 to the $750 fee required for alcohol-related convictions. These compounded fees emphasize the financial consequences for repeat offenders.
3. Youthful Offender Status Revisions
Youthful offenders (drivers typically under 19) convicted under VTL § 1192 will now face the same penalties as adult offenders, impacting their driving record and points as though they were over 19.
4. New “Negative Units” for Re-Licensure Applications
The lookback period for calculating negative units (previously three years) has expanded to four. Drivers accumulating 25 or more negative units when applying for re-licensure may face denial, impacting their ability to regain driving privileges. This highlights the importance of advising clients on negative unit accumulation and its impact on their eligibility for re-licensure.
5. Stricter Rules for Multiple DWI Offenders
The DMV will now administratively revoke the license of any driver with four alcohol- or drug-related driving incidents or three incidents and one serious driving offense (SDO) within 25 years. The new point assignments for high-risk violations, such as operating while suspended, make it easier for drivers to reach thresholds that trigger severe penalties.
6. Expanded Lookback Period for Point Accumulation
The point accumulation period has increased from 18 to 24 months, making it easier to reach the thresholds that lead to administrative hearings, mandatory driver improvement clinics, and potential license suspension. For instance, drivers with 7-10 points in 24 months will need to attend a Driver Improvement Clinic, while drivers accumulating 11 points may face a hearing.
Sample Overview of Point Changes for Key Violations:
- DWI/DWAI Convictions: Now assessed 11 points (up from none previously)
- Aggravated Unlicensed Operation (AUO): Now assessed 11 points
- Passing a Stopped School Bus: Increased to 8 points (from 5)
- Leaving Scene of Personal Injury Accident: Increased to 5 points (from 3)
- Speed Contests and Failure to Exercise Due Care: Both now assessed 5 points
The Impact on Defense Strategies
The 2024 DMV updates increase the complexity of navigating traffic cases, especially for clients with prior violations. For each case, it’s now critical to evaluate a client’s full driving history to develop effective strategies. The expanded point values and penalties may warrant a more cautious approach, particularly when dealing with DWI/DWAI, AUO, and repeat offenses.
For New York drivers, these changes underscore the importance of responsible driving behavior. For those facing charges under these new regulations, consulting with experienced legal counsel can make a significant difference in managing points, penalties, and potential relicensing challenges.