The New York DMV published sweeping changes to the point system on November 6, 2024, marking one of the most significant overhauls in decades. These changes impact how points are assessed, the penalties for violations, and the rules for suspensions and license restoration. Drivers convicted of DWI offenses now face 11 points, and offenses like speeding in construction zones now carry 8 points, regardless of the speed, making it easier to lose driving privileges and harder to restore them.
These updates are not only extensive but, in some cases, unclear. Questions remain about how certain aspects of the new system will be implemented, particularly with regard to the look-back period and administrative processes. Rosenblum Law is closely monitoring updates, cases, and studies on the changes to ensure drivers are fully informed and prepared to defend their licenses.
What is clear, however, is that it is now more important than ever to fight New York traffic tickets. If you have received a ticket recently, contact Rosenblum Law traffic attorneys for a free consultation.
What Are the Changes?
The changes to the New York point system make it easier for the DMV to suspend a driver’s license while introducing additional challenges for those attempting to restore suspended licenses. Here is a comprehensive summary of the updates.
Changes to the Look-Back Period
The look-back period for assessing points has been extended from 18 months to 24 months. This means violations from up to two years ago can now contribute to license suspension or Driver Responsibility Assessment (DRA) penalties.
- Uncertainty About Retroactivity: It is unclear whether the new look-back period will apply only to tickets issued after the effective date or to all tickets. If applied retroactively, drivers who thought they were in the clear may now face suspension for older violations.
- Increased DRA Penalties: More chances to get more points means more drivers will become liable for the DRA penalty, which remains at $100 per year for the first 6 points and $25 per year for each additional point, payable annually.
Speeding in Construction Zones
One of the most notable changes is the introduction of 8 points for speeding in construction zones, regardless of the driver’s speed over the limit.
- Old System: Previously, construction zone violations followed the same point structure as standard speeding tickets, ranging from 3 to 11 points depending on how far over the limit the driver was going.
- New System: Now, any speeding violation in a construction zone—whether it’s 1 mph or 40 mph over the speed limit—will automatically result in 8 points. This change reflects the DMV’s heightened focus on deterring risky driving in high-danger areas.
This elevated penalty makes speeding in construction zones one of the most heavily penalized moving violations, second only to offenses like DWI or driving with a suspended license.
DWI and Alcohol/Drug-Related Offenses
Another significant update involves alcohol and drug-related offenses, which now carry 11 points in addition to existing administrative penalties.
- Offenses affected include:
- Driving While Intoxicated (DWI)
- Driving While Ability Impaired (DWAI)
- Aggravated DWI
- Driving While Ability Impaired by Drugs (DWAI-Drugs)
- First-Time Offenses: The 11 points for first-time DWI-related convictions will not count toward the look-back period for suspension purposes, but administrative penalties (e.g., automatic license suspension) still apply.
- Repeat Offenses: For repeat offenders, the 11 points can lead to multiple suspensions and higher penalties.
- Driver Responsibility Assessment Fee (DRAF): A DWI conviction now triggers a $750 DRAF. Repeat offenders may face a combined total of $1,425 in penalties if both the DRA for points and the DWI-related DRAF are assessed.
New Point Value Assessments
Some violations that previously carried no points now have significant penalties.
- Aggravated Unlicensed Operation (AUO): 11 points.
- Facilitating Aggravated Unlicensed Operation (AUO): 5 points.
- Speed Contests or Races: 5 points.
Changes to Point Values
Several violations now have updated point assessments:
| Violation | Points | Change |
| Driving Under the Influence (DWI) | 11 | New |
| Passing a Stopped School Bus | 8 | Up from 5 |
| Speeding in a Construction Zone | 8 | New |
| Failure to Exercise Due Care | 5 | Up from 2 |
| Leaving the Scene of a Personal Injury Accident | 5 | Up from 3 |
Offenses like speeding, reckless driving, and railroad crossing violations remain unchanged but continue to carry significant penalties.
Changes to Administrative Action
Drivers with accumulated points will now face a stricter administrative process.
- Warning Letters: Drivers with 4 to 6 points in the 24-month look-back period will receive a warning letter.
- Driver Improvement Clinics: Drivers with 7 to 10 points must attend a Driver Improvement Clinic.
- It is unclear whether this clinic is the same as the existing defensive driving course, which can reduce points.
- Suspension Hearings: Instead of automatic suspensions, drivers must now attend a formal hearing if:
- They accumulate 11 or more points within 24 months.
- They accumulate 9 or more points from speeding violations within 24 months.
- They accrue 4 or more additional points within 12 months of a prior formal hearing.
Drivers may also face a formal hearing if they are charged with three or more violations in a short period, even if they have not reached the point threshold. However, enforcement of this rule may be inconsistent due to administrative backlogs.
IT System Delays
While the new rules are effective as of November 6, 2024, the DMV’s IT systems for point assignment are not expected to be updated until 2025. It is unclear how points will be tracked or enforced in the interim.
Conclusion
These new point system rules will impact many New York drivers, particularly those with serious offenses like driving while suspended, DWI or speeding in construction zones. The automatic 8-point penalty for construction zone speeding creates significant risks for drivers, even for minor infractions, while the extended look-back period could catch drivers off guard.
It is now more critical than ever to fight traffic tickets in New York. Rosenblum Law traffic attorneys are highly experienced in navigating New York’s traffic courts and can help drivers avoid costly penalties. Contact us today for a free consultation.
