Revocation Triggers

1. Fatal or serious injury vehicle offenses — convictions for homicide, assault, or criminal negligence resulting in death while operating a motor vehicle or motorcycle.

2. Hit-and-run offenses — convictions for leaving the scene of an accident without reporting as required by law.

3. Repeated serious traffic offenses — at least three convictions for certain moving violations (e.g., speeding beyond the legal limit) within a fixed period (often 18 months) can require revocation.

4. Other statutorily specified offenses — certain racing violations and some designated traffic crimes automatically result in revocation.

Vehicle & Traffic Law – AUO (VTL § 511) — Summary

AUO in the Third Degree (§ 511(1)) — Basic AUO

• Occurs when a person knowingly operates a motor vehicle on a public highway while their driver’s license or privilege to drive is suspended, revoked, or otherwise withdrawn.

• Classification: Misdemeanor.

• This is the least severe AUO charge — it’s essentially driving with an invalid license.

AUO in the Second Degree (§ 511(2)) — Enhanced AUO

• Applies when someone commits basic AUO plus additional aggravating factors such as:

  • Prior AUO conviction in the last 18 months,

  • License was suspended for refusing a chemical test or for a DUI/DWI-related offense,

  • Three or more separate suspensions for failure to answer/appear/pay fines.

• Classification: Misdemeanor.

• This is a more serious AUO charge because it reflects repeated issues or suspension due to serious violations like DUI or refusals.

AUO in the First Degree (§ 511(3)) — Felony AUO

• Most serious form. This occurs when a person:

  • Commits second-degree AUO while under the influence of alcohol or drugs, or

  • Commits third-degree AUO while there are 10 or more suspensions, or

  • Commits third-degree AUO while under permanent revocation, or

  • Operates while under the influence with only a conditional license.

• Classification: Class E felony.

• First-degree AUO combines unlicensed driving with significant aggravators (especially DUI/DWI and multiple suspensions).

“Premises” includes the term “building” as defined herein, and any real property

“Building” in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an enclosed motor truck, or an enclosed motor truck trailer.  Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building

“Dwelling” means a building which is usually occupied by a person lodging therein at night