The New York Driver Responsibility Assessment (DRA)

Posted on 
July 24, 2012
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Did you pay a New York ticket, then get a second bill from the DMV? That bill is likely the Driver Responsibility Assessment, or DRA. It's a separate DMV fee on top of your fine and surcharge.

The DRA can cost $300 to $750 or more, spread over three years. The best time to deal with it is before you plead guilty to the ticket that triggers it. Before you plead guilty, talk to a lawyer.

What is the Driver Responsibility Assessment?

The DRA is a yearly fee you pay to the New York DMV for three years. It's added to any fines, penalties, or surcharges from the court. The DMV, not the court, sends you the bill.

You owe a DRA in New York if any of these happen:

  • You're found guilty of an alcohol- or drug-related driving offense in New York. This includes boats and snowmobiles (VTL 1199).
  • A DMV hearing finds that you refused a chemical test, such as a breath test.
  • You get 6 or more points on your New York driving record for violations within 18 months.

The DRA applies whether your license is from New York, another state, or you have no license at all.

How much does the DRA cost?

The amount depends on why you owe it.

Reason you owe the DRAYearly amountTotal over 3 years
Alcohol- or drug-related driving conviction, or a chemical test refusal$250$750
6 points within 18 months$100$300
Each point over 6 within 18 months+$25 per point+$75 per point

You can pay the full amount at once. Or you can pay at least the yearly minimum by the payment date on each DMV statement. Your bill may go up if you're found guilty of more violations after a statement is sent.

What a single ticket can cost you in DRA fees

Under New York's current point values, one ticket can be enough to trigger the DRA. Here's what the DRA alone adds for some common tickets, if you're found guilty:

TicketDMV pointsDRA total over 3 years
Speeding 21–30 mph over the limit6$300
Speeding 31–40 mph over, or speeding in a work zone8$450
Cell phone ticket (5) plus a failure-to-yield ticket (3) within 18 months8$450
Speeding more than 40 mph over the limit11$675

That's on top of the fine, the court surcharge, and any insurance increase. An 11-point ticket can also put your license at risk of suspension.

Don't plead guilty before you talk to a lawyer. Call 888-883-5529 for a free consultation.

The two clocks: 18 months for the DRA, 24 months for suspension

This is the part most drivers miss. New York uses two different time windows for points.

  • The DRA clock is 18 months. You owe the DRA if you get 6 or more points for violations within 18 months.
  • The suspension clock is 24 months. The DMV may suspend your license if you get 11 points within 24 months.

Both clocks start on the date of the violation, not the date you're found guilty.

Here's how that plays out. Say you get a 4-point speeding ticket. Twenty months later, you get a 5-point cell phone ticket. Those tickets are more than 18 months apart, so they don't add up for the DRA. But they still count together toward suspension: 9 points in 24 months.

The takeaway: an old ticket can stop counting toward the DRA and still count toward a suspension.

Can a defensive driving course get rid of the DRA?

No. A Point and Insurance Reduction Program (PIRP) course, also called a defensive driving course, does not lower the DRA. The DMV says the course can't reduce the points used to figure the DRA.

The course can still help in other ways. It can subtract 4 points when the DMV figures a suspension, and it can lower your insurance premium. Just don't count on it to stop a DRA bill.

What happens if you don't pay the DRA?

The DMV will suspend your license, learner permit, or driving privileges in New York. That happens if you miss the minimum payment by the payment date on your statement. For an alcohol- or drug-related DRA, the law says the suspension stays until you pay every DRA you owe in full.

If you're from another state, New York suspends your right to drive in New York. Check with your home state's DMV about how a New York suspension may affect your license there.

Out-of-state and Canadian drivers

You don't need a New York license to owe the DRA. If you were ticketed in New York, the DRA can apply to you.

New York also has an agreement with Canada. If you have a New York license, tickets from Quebec and Ontario go on your New York record. They carry the same points as New York tickets, and they can count toward your DRA.

How a lawyer can help before the DRA hits

The DRA comes from a guilty finding. Once you're found guilty, the DMV adds the points and sends the bill. So the time to act is before you plead.

A ticket is an accusation, not a conviction. You have the right to make the state prove its case. Maybe you know you were going a little fast. That doesn't mean you have to accept every point on the ticket.

What a lawyer can do depends on where your ticket is:

  • Outside New York City (local town, village, and city courts): I may be able to work toward a deal to plead to a lesser charge with fewer points. Fewer points can mean a smaller DRA, or none.
  • New York City (Traffic Violations Bureau, or TVB): The TVB does not allow plea deals. Your case goes to a hearing in front of a DMV judge. A lawyer can check the ticket for mistakes and challenge the officer's evidence at that hearing.

I can't promise a result. But I can make sure you know your options before you plead.

Before you pay this ticket, call us. Call 888-883-5529.

What to do next

  1. Don't pay the ticket yet. In most cases, paying the ticket counts as pleading guilty.
  2. Find your court date and the deadline to answer the ticket. It's printed on the ticket.
  3. Add up your points. Check for any other tickets in the last 18 and 24 months.
  4. Gather your ticket and any notes or photos from the stop.
  5. Call for a free consultation before you plead.

FAQs

Is the DRA the same as the fine or the surcharge?

No. The court sets your fine and the state surcharge. The DRA is a separate fee the DMV bills you for over three years.

Does the DRA apply if I have an out-of-state license?

Yes. The DMV charges the DRA whether your license is from New York, another state, or you have none. If you don't pay, New York can suspend your right to drive in New York.

Do I owe the DRA for 6 points or 11 points?

The DRA starts at 6 points within 18 months. Eleven points within 24 months is the separate line for a possible license suspension.

Will a defensive driving course lower my DRA?

No. The DMV says a PIRP course can't reduce the points used to figure the DRA. It can still help with suspension math and insurance.

Can I pay the DRA in installments?

Yes. You can pay at least the yearly minimum on each statement by the payment date. You can also pay the full amount at once.

I already paid my ticket. Is it too late?

It depends on your court and your case. Call us and we'll talk through your options. It's free, and there's no obligation.

You have the right to fight this ticket

The DRA is one more reason a ticket can cost far more than the fine. You don't have to sort it out alone. Find out your options before your court date. Call or text 888-883-5529.

Author Bio

Adam H. Rosenblum

Founding Attorney Of Rosenblum Law

Adam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.

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11 Comments

  1. We live in Quebec. My son got 2 speeding tickets in April 2006 (extenuation circumstances) and the tickets were paid.

    Last week, 8 1/2 years later, I got a New York Driver Responsibility Assessment statement saying I owed them $450 because we got 8 points for those 2 tickets.

    The letter states the sections 1199 and 503 (4) of the Vehicle Violation and Traffic Law indicates that the assessments are billed annually for a 3 year period.

    Do they have the right to bill me 8 1/2 years later ?

    Thank you.
    Is there no statute of limitations on this ?

    1. Unfortunately there is no statute of limitations on imposing the Driver Responsibility Assessment against your son. Generally, once the DMV imposes it you can either pay it all at once or in installments. Not paying the assessment will result in a suspension of your son's driving privileges in NY. As you can see first hand, the negative consequences of a guilty plea can continue for years. These negative consequences- the points, the DMV surcharges, the violation on your record, and insurance rate increases- can be avoided by pleading not guilty and fighting the ticket from the start. If you would like to have the violation removed from your son's record and receive a refund of the amount you pay to the NY DMV for the driver responsibility assessment as well as the amount you paid to the court for the fine, we can help. You can call us at 888-883-5529 for a free consult to discuss this process.

  2. I have a Michigan license, I got a ticket two months ago when I was driving in NYS and I paid it. Now I receive a suspension order from the dmv of NYS informs me to suspend my license unless I pay 300$. Is this suspension will be in all states or especially for driving in NYS?

    1. Suspensions transfer between the states, and I strongly suggest you contact the NY DMV to bring your license up to date.

    1. Joe - If you are convicted of the new speeding violation, you may need to pay an additional DRA, along with address the other consequences of a speeding violation (points, fines, and insurance implications). If you have any specific questions on how to handle this violation, please feel free to contact us or provide us with more information.

  3. 19 months ago (Aug 2018) I got a speeding ticket in NYC for 21 MPH over the speed limit. That meant 6 points on my license and the dreaded DRA fee, so I pled Not Guilty.
    I showed up to the 1st court date, but the police officer did not, and so the judge rescheduled my hearing to a later date (complete waste of my time).
    For the 2nd court date, I sent a written statement instead of attending. But a few weeks before the new court date, I received a letter in the mail saying my court date had been rescheduled to a later date. Then, this happened a 2nd time... Then, a 3rd time... This is now the 4th rescheduled court date (scheduled for May 7th 2020).
    I feel there must be something I can do to get out of this. I'm also reading online that NY points may go away 18 months after the date of ticket? What should I do?

    1. Brendan - Points do not 'go away' after 18 months - but rather, points are effective for 18 months from the violation date for suspension and assessment fee purposes. Furthermore, courts are permitted to administratively adjourn hearing dates a given number of times. In light of the Covid-19 outbreak - it is unclear exactly how upcoming trial dates will be scheduled and addressed.

  4. I live in Massachusetts and was found guilty of speeding without a real chance to contest the ticket... so I paid the $203 speedind ticket and now they want me to pay an additional $300 a year for 3 yrs assessment fee or my license will be suspended in NY... How can I fight this if at all because I really can't afford to pay it 😟

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