An open license suspension in New York means your driving privileges are revoked, but you have not yet been convicted of the offense that triggered it
When New York suspends your license as "open," the state has removed your right to drive based on an arrest or violation, but your case is still pending in court. You are not allowed to drive legally until the suspension is lifted — either because the charges are dismissed, you are acquitted, or you resolve the case in another way. The suspension stays in effect regardless of the outcome you are hoping for.
This is different from a suspension that follows a conviction. An open suspension can end if the court rules in your favor, but it remains active until that happens. You cannot straightforward wait it out or ignore it; you must take action through the court system or the Department of Motor Vehicles (DMV) to have it removed.
Key Takeaways
- An open license suspension in New York is imposed before conviction and stays in place until your court case is resolved or dismissed.
- You cannot legally drive while your license is suspended, even if you believe the charges against you are unfair.
- The suspension is lifted only when the court dismisses charges, you are acquitted, or you complete a plea agreement that removes the suspension as a condition.
- You can request a hearing with the DMV to challenge the suspension, but the court case outcome is what ultimately determines whether it ends.
- If you need to drive before your case is resolved, you may be able to request a conditional or restricted license from the court.
Why New York Imposes an Open Suspension
New York suspends your license when ready upon arrest for certain traffic and criminal offenses to protect public safety while your case is pending. The state does not wait for a conviction; the suspension is a protective measure, not a punishment. Common reasons for an open suspension include driving with a suspended or revoked license, driving under the influence (DUI), leaving the scene of an accident, or reckless driving.
The DMV receives notice of your arrest from law enforcement and automatically suspends your license. You are notified by mail, but the suspension takes effect right away. This means you should not drive even if you have not yet received the official notice in the mail.
The Difference Between Open and Other Types of Suspensions
New York uses different suspension categories to show the status of your case. An open suspension means charges are still pending. A conviction suspension means you have been found guilty or pleaded guilty, and the suspension is now permanent until you meet reinstatement requirements. A conditional suspension may allow limited driving for work or medical reasons while your case is open, but only if the court grants it.
The key difference is timing: an open suspension can end if you win your case, but a conviction suspension continues even if you believe the conviction was unfair. You would need to appeal or seek post-conviction relief to change a conviction suspension, which is a much longer process.
How to learn about Your License Is Suspended as Open
You can check your license status through the New York DMV website or by calling the DMV at 518-402-2000. Have your driver's license number or Social Security number ready. The DMV will tell you whether your license is suspended, the reason, and what type of suspension it is.
You can also visit a DMV office in person to request a printout of your driving record. This document shows all suspensions, violations, and the status of any pending cases. If you were arrested recently, the suspension may not appear in the system when ready — it can take a few days for the arrest information to reach the DMV.
Steps to Lift an Open License Suspension
The path to lifting your suspension depends on what happens in your court case. If the charges are dismissed or you are acquitted, the court will notify the DMV, and your suspension should be lifted automatically within a few weeks. If you plead guilty or are convicted, the suspension becomes permanent unless the plea agreement or sentence includes a condition that removes it.
If you want to challenge the suspension itself — separate from the charges — you can request a DMV hearing. You must do this within 30 days of receiving notice of the suspension. At the hearing, you can argue that the suspension was improper or that you have a hardship that requires a conditional license. However, the hearing officer cannot dismiss the charges; only the court can do that.
To request a DMV hearing, contact your local DMV office or submit a written request to the DMV. Include your name, license number, the date you received notice of the suspension, and the reason you believe the suspension should be lifted or modified. The DMV will schedule a hearing, usually within 30 to 60 days.
Requesting a Conditional or Restricted License While Suspended
If you need to drive for work, school, or medical treatment while your case is pending, you can ask the court for a conditional or restricted license. This is not automatic; the judge has discretion to grant or deny it. You will need to show that you have a genuine hardship and that you are not a danger to public safety.
To request a conditional license, speak with your attorney or contact the court handling your case. You will likely need to appear before the judge and explain your situation. If granted, the license will have restrictions — for example, you may only be allowed to drive to work and back, or to medical appointments. Violating the restrictions can result in additional charges.
What Happens If You Drive With a Suspended License
Driving with a suspended license in New York is a separate crime. A first offense is a misdemeanor, punishable by up to 30 days in jail and a fine of $200 to $500. A second offense within 10 years is also a misdemeanor but carries harsher penalties. A third or subsequent offense within 10 years is a felony.
If you are stopped while your license is suspended, you will be arrested, your vehicle may be impounded, and you will face additional criminal charges on top of your original case. This can significantly complicate your situation and make it harder to resolve your original charges favorably. Even if you believe the original suspension was unfair, driving illegally will not help your case.
Reinstating Your License After the Suspension Is Lifted
Once your suspension is lifted — whether because your case was dismissed, you were acquitted, or you completed a plea agreement — you still need to formally reinstate your license with the DMV. The court will send notice to the DMV, but you should confirm that the suspension has been removed before attempting to drive.
Contact the DMV to verify that your suspension has been lifted. If it has, you can resume driving when ready. If the suspension was due to unpaid fines or fees related to your case, you may need to pay those before the DMV will reinstate your license. Check your court paperwork or call the court to confirm whether any payments are required.
Frequently Asked Questions
Can I drive if my license is suspended as open?
No. An open suspension means your license is revoked, and you cannot legally drive until the suspension is lifted. Driving while suspended is a separate crime that can result in arrest, jail time, and fines.
How long does an open suspension last?
An open suspension lasts until your court case is resolved. If charges are dismissed or you are acquitted, the suspension is lifted. If you are convicted or plead guilty, the suspension becomes permanent unless the court removes it as part of your sentence.
Can I request a hearing to challenge an open suspension?
Yes. You can request a DMV hearing within 30 days of receiving notice of the suspension. At the hearing, you can argue that the suspension was improper or request a conditional license for hardship reasons. However, only the court can dismiss the charges that led to the suspension.
What is the difference between an open suspension and a conviction suspension?
An open suspension is temporary and can end if your case is dismissed or you are acquitted. A conviction suspension is permanent and continues after you are found guilty or plead guilty. You would need to appeal or seek post-conviction relief to change a conviction suspension.
Do I need a lawyer to lift my open suspension?
You do not need a lawyer to request a DMV hearing or to check your license status, but having legal representation can help you navigate your court case and increase the chances that charges are dismissed or reduced. If you cannot afford a lawyer, you may be able to request a public defender.