New York Driver Responsibility Program

If you have been convicted of an alcohol and/or drug related offense, or have accumulated an excessive number of points on your driving record for moving violations, the New York State Department of Motor Vehicles will impose additional monetary penalties above any beyond court fines.

To learn more about the Driver Responsibility Program, contact our Queens criminal and traffic attorney online or call 646-902-1016 today. At the Law Office of Randy S. Alpert, we will protect your rights.

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The driver responsibility assessment applies to motorists in any of the following occurrences:

• A New York state conviction for an alcohol-related traffic offense, such as a driving while intoxicated (DWI) or driving while ability impaired (DWAI).
• A New York state conviction for a drug-related traffic offense, such as driving while impaired by drugs.
• A New York state finding at a DMV hearing that a motorist refused to submit to a chemical test after a New York arrest for an alcohol and/or drug-related traffic offense.
• For an accumulation of six or more points within 24 months for moving violations, such as speeding, red light, stop sign, etc., that occurred in New York, Ontario or Quebec (based on violation date, not conviction date).

The monetary penalties for the Driver Responsibility Program are as follows:

• For an alcohol and/or drug-related traffic offense or for a refusal to submit to a chemical test, the DMV will assess an annual payment of $250. This amount is payable each year for three years and a failure to pay will result in driving privileges being suspended.
• For an accumulation of six or more points within 24 months, the DMV will assess an annual payment of $100, plus $25 for each additional point in that 24-month period. The sum is payable for each year and a failure to pay will result in driving privileges being suspended.

Many of the above-mentioned convictions also carry suspended or revoked driver’s license sanctions. Additionally, participation in a defensive driving class, that will reduce point totals on overall DMV records, will have no effect on reducing the monetary assessment penalties associated with the Driver Responsibility Program.

Frequently Asked Questions About New York Driver Responsibility Assessments

The following questions explain how the 18-month point window works, the risks of driving during a suspension and the possible effect on an out-of-state license:

How is the 18-month point accumulation window calculated for a Driver Responsibility Assessment?

The New York State Department of Motor Vehicles uses the dates when your violations occurred, not the conviction dates. If six or more points come from violations committed within any 18-month period, you may owe a Driver Responsibility Assessment.

Court delays do not change that calculation. For example, a four-point violation in January and a two-point violation the following May fall within 18 months, even if the second conviction is entered later. Once both convictions appear on your record, the DMV can review the violation dates, total the points and issue the assessment. Points above six also increase the annual assessment amount.

What are the legal consequences of driving in New York while suspended for nonpayment of a DRA?

Driving after the DMV suspends your license or New York driving privilege for an unpaid DRA may result in an aggravated unlicensed operation charge. Under New York Vehicle and Traffic Law Section 511, the prosecution must show that you knew or had reason to know about the suspension.

Third-degree aggravated unlicensed operation is a misdemeanor. A conviction may result in a fine of $200 to $500, up to 30 days in jail or both. More serious charges may apply because of prior offenses, multiple suspensions or other circumstances. Paying the DRA later does not erase a charge based on driving while the suspension was active. You should confirm that the DMV has cleared the suspension before driving again.

How does a New York DRA suspension affect out-of-state drivers and their home state license?

An unpaid New York DRA can suspend your privilege to drive in New York, even when another state issued your license. Driving in New York during that suspension may expose you to criminal charges.

Your home state may also receive notice and take separate action under its own laws or interstate reporting procedures. However, the suspension of your home-state license is not automatic in every jurisdiction. The result depends on the issuing state’s rules and how it treats a New York suspension. You may need to resolve the DRA with New York and separately confirm your license status with your home-state motor vehicle agency.

Contact Our Law Firm Today

If you have any questions or need further information, please contact our Queens criminal and traffic attorney online or at 646-902-1016 today. We have offices in Forest Hills, Valley Stream and Central Islip, and we represent clients throughout the New York Metro area in Queens, Nassau County and Suffolk County. Hablamos español.