NYS DMV toughens point system for repeat traffic offenders; lowers number of DWIs before offender permanently loses license

The Department of Motor Vehicles has approved new rules, some of which take effect next month, that will make it easier to take away licenses from repeat traffic lawbreakers and make it harder for those drivers to get their driving privileges back.

The DMV uses a point system to determine who is a "persistent violator"; currently, each violation earns a driver two or more points, and 11 points in 18 months can lead to a license suspension.

But the new rules extend that time frame to 24 months and increase the number of points for many violations, like overtaking a stopped school bus. The changes also reduce the total number of DWI convictions one can have before permanently losing one’s license from five to four. The rule concerning DWI convictions will take effect on Jan. 3, while the other rules – which were approved in November – will take effect at an as-yet undetermined date, according to DMV spokesman Walter McClure.

The agency said in a published analysis that the changes, which grow out of Gov. Kathy Hochul’s agenda outlined in her 2023 State of the State, could increase the number of drivers subject to license suspension or revocation by 40%.

Alec Slatky, director of public and government affairs at AAA Northeast, said he hopes the changes will be an effective deterrent.

"We want people to say, 'Hey, these violations are going to come with a pretty severe penalty, so I better behave in advance,' " he said.

Paige Carbone, the regional executive director for Mothers Against Drunk Driving, called the changes "a step in the right direction."

"But we do need more," she said.

Over 10,400 people died in traffic crashes statewide between 2014 and 2023, according to data from the Albany-based Institute for Traffic Safety Management and Research. In 2023 the figure was 1,104, up nearly 18% from 2019.

The DMV says the new rules are designed to enhance roadway safety across the state.

Drivers who overtake stopped school buses will earn eight points instead of the previous five.

"This violation is particularly egregious because it shows a disregard for more vulnerable road users — especially children," the DMV wrote in its published analysis. Newsday has previously reported that tickets issued by school bus cameras, as well as speed cameras in work zones, don't come with points.

The changes also add points for motor vehicle violations that currently have no point value, such as alcohol- and drug-related offenses (11 points), driving with a suspended license (11 points), partaking in a "speed contest" (5 points), leaving the scene of a personal injury crash (5 points) and speeding in a work zone (8 points).

The point system, which is aimed at tracking repeat offenders, is not the only way one can lose one’s license. Courts can revoke licenses — regardless of the points a driver has — after a conviction for a serious traffic violation, drunken or drugged driving, refusal to take a chemical test for alcohol or drugs, or other reasons.

The new rules stipulate that a license will be permanently revoked if a driver has four alcohol- or drug-related driving convictions or incidents. Currently the threshold is five, if the driver does not have any other serious traffic violations, such as a fatal crash.

The measure is designed to combat repeat offenders, who make up 1 in 5 convicted drinking drivers in the state, according to the DMV.

The new measures also assign five points to any driver who allows another person to operate their car with the knowledge that the other person’s license is suspended or revoked.

Some of the new rules were modified following public feedback after the rules were first proposed in September 2023, according to the analysis. For example, a proposed rule to assign points for vehicles exceeding roads’ posted weight limits was nixed after truck drivers protested that they do not always have authority over the weights of their vehicles or the cargo they carry. Drivers of overweight vehicles are still subject to tickets and fines.

The new rules do include eight points for driving a vehicle that exceeds height limitations on a highway or bridge.

Another public commenter said that by increasing the number of license suspensions, the new rules could increase economic hardship and encourage more unlicensed driving.

In response, the DMV wrote, "While the Department acknowledges that not having a license may result in economic hardship, the proposed rule further protects the public from repetitive dangerous conduct that resulted in the license revocation."

A previous version of this article misstated when the rules go into effect. The DWI rule goes into effect on Jan. 3, whereas the other points-related rules will go into effect at a future date still to be determined.