New York Traffic Laws: Points, Tickets, License Suspension and DUI
New York driving rules: point system, speeding points, traffic school, how to pay or fight a ticket, license suspension, DUI limits and penalties.
Quick answers for New York
- Point system
- New York uses a driver point system. Points are added only after a conviction and are counted by the date of the violation. If a driver gets 11 points in 24 months, the license may be suspended. NY DMV, The New York State Driver Point System
- Points for speeding
- Speeding 1–10 mph over the limit: 3 points; 11–20 mph over: 4 points; 21–30 mph over: 6 points; 31–40 mph over: 8 points; more than 40 mph over: 11 points; speeding in a work zone: 8 points; speed not specified: 3 points. NY DMV, The New York State Driver Point System
- Legal BAC limit
- 0.08 for DWI; driving while ability impaired (DWAI) applies at more than 0.05 but less than 0.07 or other evidence of impairment; aggravated DWI at 0.18 or higher. Commercial drivers: 0.04. NY DMV, Penalties for Alcohol or Drug-Related Violations
- First-offense DUI penalties
- First DWI: mandatory fine of $500 to $1,000, up to 1 year in jail, and license revocation for at least six months. Aggravated DWI (0.18+): $1,000 to $2,500, up to 1 year in jail, and revocation for at least one year. NY DMV, Penalties for Alcohol or Drug-Related Violations
Last verified: 2026-10-27
Tickets and points
| Point system | New York uses a driver point system. Points are added only after a conviction and are counted by the date of the violation. If a driver gets 11 points in 24 months, the license may be suspended. A driver who receives 6 or more points in 18 months must also pay a Driver Responsibility Assessment fee. |
|---|---|
| Points for speeding | Speeding 1–10 mph over the limit: 3 points; 11–20 mph over: 4 points; 21–30 mph over: 6 points; 31–40 mph over: 8 points; more than 40 mph over: 11 points; speeding in a work zone: 8 points; speed not specified: 3 points. |
| How long points last | Only points for violations within the last 24 months are added to calculate the point total; once 24 months have passed from the violation date, those points no longer count. The points remain on the driving record as long as the conviction does. |
| Traffic school | Completing a DMV-approved Point and Insurance Reduction Program (PIRP, a defensive driving course, classroom or online) reduces active points by up to 4 for suspension purposes, for violations in the 18 months before completion, and can be used for points only once in an 18-month period. It does not remove the violation, conviction or points from the record and does not prevent mandatory suspensions or revocations (such as for DWI, DWAI, or three speeding violations within 18 months). It also provides a 10% insurance premium reduction. |
| Paying or fighting a ticket | Non-criminal traffic tickets issued in New York City's five boroughs go to the DMV's Traffic Violations Bureau (TVB), where the driver either pleads guilty and pays or pleads not guilty and schedules a hearing (including virtual hearings, or a written statement in place of appearing for people without a lawyer). TVB tickets can be pleaded or paid online. Tickets issued outside New York City are handled by the local criminal or traffic court where the offense occurred; contact that court. Answer by the deadline in the instructions on the back of the ticket. Failing to answer a moving-violation ticket leads to suspension of the New York license until the ticket is answered. |
| Paying or looking up a ticket online | In New York City, the DMV's Traffic Violations Bureau (TVB) handles all non-criminal traffic tickets issued in the five boroughs; you can plead or pay online (single ticket, or several through MyDMV), by mail to the Traffic Violations Plea Unit (P.O. Box 2950 - ESP, Albany, NY 12220-0950, payable to "Commissioner of Motor Vehicles"), or by phone at 718-488-5710. TVB does not handle parking, red-light or speed camera tickets, or misdemeanors and felonies such as DWI. Outside New York City, tickets are processed by the criminal or traffic court of the city, county, town or village where the offense took place; contact that court directly. If you do not answer a ticket on time, your license will be suspended. NYC TVB tickets: https://dmv.ny.gov/tickets/plead-or-pay-tvb-tickets |
License suspension
| License suspension | Grounds include 11 points in 24 months, failing to answer a ticket for a moving violation, three speeding violations within 18 months (mandatory), DWI/DWAI and zero-tolerance violations, and chemical test refusal. Three or more alcohol or drug convictions or refusals within 10 years can result in permanent revocation (a waiver may be requested after at least 5 years). |
|---|---|
| Hardship or restricted license | A driver whose license is suspended or revoked for an alcohol- or drug-related violation may get a conditional license by attending a DMV-approved Impaired Driver Program. It allows driving only to and from work, school, IDP activities, court-ordered probation, medical appointments (with a practitioner's statement), child care needed for work or school, DMV visits, and one assigned three-hour period per week between 5 a.m. and 9 p.m. It is not valid for vehicles requiring a CDL and is revoked for violating its conditions or any moving violation. For non-alcohol suspensions, the DMV may issue a restricted use license to drivers who qualify. |
| Checking and reinstating a license | DMV mails a suspension or revocation order to the address on file, and more information is available through the DMV's "My License, Permit, or ID" online service (my.dmv.ny.gov). A definite suspension ends when the period is over and you pay a suspension termination fee; an indefinite suspension ends only when you complete the required action (for example, answering a ticket, paying a Driver Responsibility Assessment, or clearing child support or tax debts). Suspension termination fees can be paid online (up to 10 a day) with the order number from your letter, at the DMV office listed on the order, or by mail if the order allows. After a revocation, you must apply for DMV approval when the revocation period ends, may need to retake tests, and may owe a license re-application fee or driver civil penalty. Paying a fee does not guarantee restoration if other problems remain on your record. Termination fee payment: https://dmv.ny.gov/node/4761 |
DUI / DWI
| Legal BAC limit | 0.08 for DWI; driving while ability impaired (DWAI) applies at more than 0.05 but less than 0.07 or other evidence of impairment; aggravated DWI at 0.18 or higher. Commercial drivers: 0.04. Drivers under 21: 'zero tolerance' at 0.02 to 0.07. |
|---|---|
| First-offense DUI penalties | First DWI: mandatory fine of $500 to $1,000, up to 1 year in jail, and license revocation for at least six months. Aggravated DWI (0.18+): $1,000 to $2,500, up to 1 year in jail, and revocation for at least one year. DWAI/Alcohol: $300 to $500, up to 15 days in jail, and a 90-day suspension. Additional surcharges and fees apply ($395 for alcohol-related misdemeanors, plus $5 in town or village courts). Under-21 zero tolerance: $125 civil penalty, $100 fee and a six-month suspension. |
| When a DUI is a felony | In New York, a 2nd DWI, Aggravated DWI (BAC 0.18+), DWAI-Drug or DWAI-Combination violation within 10 years is a class E felony. A 3rd within 10 years is a class D felony. A driver convicted of Aggravated DWI, DWI, DWAI-Drug, DWAI-Combination, vehicular assault or certain related offenses three or more times in the preceding 15 years is also guilty of a class D felony. Under Leandra's Law, driving under the influence of alcohol or drugs with a child 15 or younger in the vehicle is a class E felony, even on a first offense. Leandra's Law source: https://dmv.ny.gov/points-and-penalties/leandras-law-ignition-interlock-devices |
| Refusing a breath test | A first chemical test refusal brings license revocation for at least one year (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers). Refusals count toward the three-in-10-years permanent revocation rule. |
| DUI lookback period | 10 years for repeat DWI and DWAI-Drug/Combination offenses; 5 years for a second DWAI violation. Greater penalties can apply to multiple violations within 25 years. |
| How long a DUI stays on your record | On the standard New York driving record abstract, DWI convictions are shown for 15 years from the conviction date, and DWAI convictions for 10 years. Chemical-test refusal suspensions are shown for 5 years, and most suspensions and revocations for 4 years after they end. The DMV also keeps a lifetime driving record, which shows all information still in its possession regardless of these display periods. |
| Sobriety checkpoints | Legal and used. New York State Police and local agencies run sobriety checkpoints during enforcement campaigns funded by the Governor's Traffic Safety Committee. For example, the Governor's office announced that during the Halloween 2026 enforcement period, motorists could expect several sobriety checkpoints and additional DWI patrols. |
Phones and distracted driving
| Phone and texting laws | It is a traffic infraction to speak into or listen to a hand-held phone while driving, and illegal to use portable electronic devices to send or receive texts or emails while driving. A phone may be held to start or end a call; hands-free phones may be used at any time; emergency calls and on-duty police, fire and emergency vehicle operators are exempt. Fines: up to $200 for a first offense, up to $250 for a second within 18 months, and up to $450 for a third or later within 18 months. The violation carries 5 points. Probationary and junior license holders receive a 120-day suspension for a first conviction and at least a one-year revocation for later convictions within six months of restoration. |
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Where to get help in New York
Traffic Tickets & DUI FAQ
How does the driver point system work in New York?
New York uses a driver point system. Points are added only after a conviction and are counted by the date of the violation. If a driver gets 11 points in 24 months, the license may be suspended. A driver who receives 6 or more points in 18 months must also pay a Driver Responsibility Assessment fee.
How many points is a speeding ticket in New York?
Speeding 1–10 mph over the limit: 3 points; 11–20 mph over: 4 points; 21–30 mph over: 6 points; 31–40 mph over: 8 points; more than 40 mph over: 11 points; speeding in a work zone: 8 points; speed not specified: 3 points.
How long do points stay on your license in New York?
Only points for violations within the last 24 months are added to calculate the point total; once 24 months have passed from the violation date, those points no longer count. The points remain on the driving record as long as the conviction does.
Can traffic school remove a ticket or points in New York?
Completing a DMV-approved Point and Insurance Reduction Program (PIRP, a defensive driving course, classroom or online) reduces active points by up to 4 for suspension purposes, for violations in the 18 months before completion, and can be used for points only once in an 18-month period. It does not remove the violation, conviction or points from the record and does not prevent mandatory suspensions or revocations (such as for DWI, DWAI, or three speeding violations within 18 months). It also provides a 10% insurance premium reduction.
How do I pay or look up a traffic ticket online in New York?
In New York City, the DMV's Traffic Violations Bureau (TVB) handles all non-criminal traffic tickets issued in the five boroughs; you can plead or pay online (single ticket, or several through MyDMV), by mail to the Traffic Violations Plea Unit (P.O. Box 2950 - ESP, Albany, NY 12220-0950, payable to "Commissioner of Motor Vehicles"), or by phone at 718-488-5710. TVB does not handle parking, red-light or speed camera tickets, or misdemeanors and felonies such as DWI. Outside New York City, tickets are processed by the criminal or traffic court of the city, county, town or village where the offense took place; contact that court directly. If you do not answer a ticket on time, your license will be suspended.
How do I check if my license is suspended and get it reinstated in New York?
DMV mails a suspension or revocation order to the address on file, and more information is available through the DMV's "My License, Permit, or ID" online service (my.dmv.ny.gov). A definite suspension ends when the period is over and you pay a suspension termination fee; an indefinite suspension ends only when you complete the required action (for example, answering a ticket, paying a Driver Responsibility Assessment, or clearing child support or tax debts). Suspension termination fees can be paid online (up to 10 a day) with the order number from your letter, at the DMV office listed on the order, or by mail if the order allows. After a revocation, you must apply for DMV approval when the revocation period ends, may need to retake tests, and may owe a license re-application fee or driver civil penalty. Paying a fee does not guarantee restoration if other problems remain on your record.
How do you pay or contest a traffic ticket in New York?
Non-criminal traffic tickets issued in New York City's five boroughs go to the DMV's Traffic Violations Bureau (TVB), where the driver either pleads guilty and pays or pleads not guilty and schedules a hearing (including virtual hearings, or a written statement in place of appearing for people without a lawyer). TVB tickets can be pleaded or paid online. Tickets issued outside New York City are handled by the local criminal or traffic court where the offense occurred; contact that court. Answer by the deadline in the instructions on the back of the ticket. Failing to answer a moving-violation ticket leads to suspension of the New York license until the ticket is answered.
What gets your license suspended in New York?
Grounds include 11 points in 24 months, failing to answer a ticket for a moving violation, three speeding violations within 18 months (mandatory), DWI/DWAI and zero-tolerance violations, and chemical test refusal. Three or more alcohol or drug convictions or refusals within 10 years can result in permanent revocation (a waiver may be requested after at least 5 years).
What is the legal blood alcohol limit in New York?
0.08 for DWI; driving while ability impaired (DWAI) applies at more than 0.05 but less than 0.07 or other evidence of impairment; aggravated DWI at 0.18 or higher. Commercial drivers: 0.04. Drivers under 21: 'zero tolerance' at 0.02 to 0.07.
What is the penalty for a first DUI in New York?
First DWI: mandatory fine of $500 to $1,000, up to 1 year in jail, and license revocation for at least six months. Aggravated DWI (0.18+): $1,000 to $2,500, up to 1 year in jail, and revocation for at least one year. DWAI/Alcohol: $300 to $500, up to 15 days in jail, and a 90-day suspension. Additional surcharges and fees apply ($395 for alcohol-related misdemeanors, plus $5 in town or village courts). Under-21 zero tolerance: $125 civil penalty, $100 fee and a six-month suspension.
What happens if you refuse a breathalyzer in New York?
A first chemical test refusal brings license revocation for at least one year (18 months for commercial drivers) and a $500 civil penalty ($550 for commercial drivers). Refusals count toward the three-in-10-years permanent revocation rule.
How long does a DUI count as a prior offense in New York?
10 years for repeat DWI and DWAI-Drug/Combination offenses; 5 years for a second DWAI violation. Greater penalties can apply to multiple violations within 25 years.
Can you get a hardship license in New York?
A driver whose license is suspended or revoked for an alcohol- or drug-related violation may get a conditional license by attending a DMV-approved Impaired Driver Program. It allows driving only to and from work, school, IDP activities, court-ordered probation, medical appointments (with a practitioner's statement), child care needed for work or school, DMV visits, and one assigned three-hour period per week between 5 a.m. and 9 p.m. It is not valid for vehicles requiring a CDL and is revoked for violating its conditions or any moving violation. For non-alcohol suspensions, the DMV may issue a restricted use license to drivers who qualify.
Is it illegal to hold your phone while driving in New York?
It is a traffic infraction to speak into or listen to a hand-held phone while driving, and illegal to use portable electronic devices to send or receive texts or emails while driving. A phone may be held to start or end a call; hands-free phones may be used at any time; emergency calls and on-duty police, fire and emergency vehicle operators are exempt. Fines: up to $200 for a first offense, up to $250 for a second within 18 months, and up to $450 for a third or later within 18 months. The violation carries 5 points. Probationary and junior license holders receive a 120-day suspension for a first conviction and at least a one-year revocation for later convictions within six months of restoration.
Is a DUI a felony in New York?
In New York, a 2nd DWI, Aggravated DWI (BAC 0.18+), DWAI-Drug or DWAI-Combination violation within 10 years is a class E felony. A 3rd within 10 years is a class D felony. A driver convicted of Aggravated DWI, DWI, DWAI-Drug, DWAI-Combination, vehicular assault or certain related offenses three or more times in the preceding 15 years is also guilty of a class D felony. Under Leandra's Law, driving under the influence of alcohol or drugs with a child 15 or younger in the vehicle is a class E felony, even on a first offense.
How long does a DUI stay on your record in New York?
On the standard New York driving record abstract, DWI convictions are shown for 15 years from the conviction date, and DWAI convictions for 10 years. Chemical-test refusal suspensions are shown for 5 years, and most suspensions and revocations for 4 years after they end. The DMV also keeps a lifetime driving record, which shows all information still in its possession regardless of these display periods.
Are DUI checkpoints legal in New York?
Legal and used. New York State Police and local agencies run sobriety checkpoints during enforcement campaigns funded by the Governor's Traffic Safety Committee. For example, the Governor's office announced that during the Halloween 2026 enforcement period, motorists could expect several sobriety checkpoints and additional DWI patrols.
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