Restore license after revocation

As of June 8, 2018, the Driver Improvement Unit is reviewing applications that were received by mail on or before March 28, 2018.

 

A serious traffic offense or multiple offenses can result in the revocation of your NY State driver license or driving privilege. 1 A revocation means your license is cancelled, and you must apply for a new one once the revocation period is over. You may also be required to take the written and driving tests again.

 

How to restore

For most revocations, you must first request and receive approval from the DMV Driver Improvement Unit (DIU) before you can apply for a new driver license at a DMV office. If you are licensed in another state, you must obtain approval from DIU to have your NY State driving privilege restored. DIU must examine your full driver record to see if you can be approved under NY State laws and requirements.

 

Online

The fastest and easiest way to request approval is online, although some drivers with complex records may need to submit their request to DIU in writing.


If you request approval online, the system will

  • automatically determine if you are eligible to submit an online request
  • list the reason you are not eligible and explain your next steps
  • explain any additional payments or actions required before you can receive approval
  • issue your approval immediately if you are eligible (the processing of mailed requests can take up to 12 weeks)

You cannot request approval online if

  • you were never issued a New York State driver license, learner permit, or non-driver ID 2
  • your revocation was for an uninsured accident.  You must contact the DMV Insurance Services Bureau 3
  • as part of a reexamination of your ability to safely operate a motor vehicle, you were required to take a DMV road test and your driver license was revoked because you failed the road test, you must contact your local DMV office
  • you have a valid or suspended conditional or restricted license or a current or former participant in the Impaired Driver Program, you must apply at a local Motor Vehicle office when you are eligible to receive your full license back
  • your last full driver license issued was a Commercial Driver License (CDL)
  • your revocation was a result of a conviction arising out of a fatal crash
  • your revocation was a result of a conviction arising out of a Penal Law violation


Before you can request approval online, you must

  • wait until the revocation period has been completely served before you submit your request
  • resolve and clear any suspensions
    • this includes answering or paying fines imposed for traffic tickets
    • you cannot receive approval if your license is suspended as well as revoked
    • to check if your license is suspended, sign up for MyDMV and use our MyLicense service
  • sign up for a MyDMV account  
    • you must have the ID number from your NY State driver license, permit or non driver ID (you do not need to provide your photo document number)
    • your Social Security Number (SSN) must be on file with the NY State DMV
  • be prepared to pay a re-application fee, if required, by credit or debit card (the system will tell you the amount you must pay)


Additional fees and penalties

If you owe any of the following fines or penalties, they must be paid before you can submit your request

  • suspension termination fee
  • driver license civil penalty
  • driver responsibility assessment

If you begin to request approval online and owe additional fees or penalties, you will receive instructions for submitting payment. After you submit payment, you can complete your request for approval online.


Additional requirements

What is required to apply for a new license after revocation online?

Some situations require additional action before you can submit your request for approval.  If you submit an application before addressing the outstanding items listed below, you will receive an email advising of the additional actions and processing of your application will be delayed, until the items are taken care of and DMV is notified:

  • If your sentence from a court includes serving a term of probation and the conditions include restrictions on reapplying for a license /privilege, you must provide:

    • A copy of your conditions of probation and a letter granting permission to apply for a driver license from the court that sentenced you or from the probation office that you must report to.  The letter must be on court or probation letterhead; or

    • If your probation was terminated, you must provide a letter from the court/probation department on their letterhead, that states the date your probation was terminated; or

    • If the conditions of your probation do not include driving restriction, you must provide a copy of the conditions.

      Mail or fax this information to DIU at: 

      Driver Improvement Unit
      NYS DMV
      6 Empire State Plaza, Room 338
      Albany, NY 12228
      (518) 474-0774, Option #5 (Phone Hours: M-F, 8:30 – Noon)
      FAX (518) 474-6208



      Once acceptable documentation is received by DIU, you can complete your request for restoration online.

  • If you have two or more alcohol/drugged driving convictions in 25 years, you are required to complete an alcohol evaluation and or treatment within one year from the date of the final review.  Your provider must electronically notify DMV of your successful completion.  Paper proof submitted by you will not be accepted.  You can find acceptable evaluation and treatment providers within NY State by accessing the NY State Office of Alcoholism and Substance Abuse Services (OASAS) website at  www.oasas.ny.gov. Click on the "FIND A PROVIDER" link located in the top box on the right-hand side. Click on the type of program: "Providers of Clinical Screening and Assessment Services for Impaired Driving Offender" to search for a list of OASAS approved providers of clinical services for impaired driving offenders in your area. You can search for approved providers by county, city or zip code. If you do not have access to the Internet, please call the OASAS HOPE line at 1-877-846-7369. This toll-free line operates 24 a day, seven days a week.

    When choosing an alcohol or drug evaluation/treatment provider, please be aware that the provider must appear on the listing.  A provider will not be accepted unless they have been approved by OASAS.  To get on this approval list the provider must contact OASAS at 1-800-482-9564 for instructions.

    For services provided outside of New York State, the provider must be on the approved list of providers on the Substance Abuse & Mental Health Service Administration (SAMHSA) website at https://findtreatment.samhsa.gov.   The provider will need form DS-449 “Alcohol and Drug Abuse Rehabilitation Program Summary”.  They may contact Driver Improvement Unit, 6 Empire State Plaza, Room 336, Albany, NY 12228 or by fax at (518) 473-8229, to obtain this form.

  • If you owe any DMV fees (suspension termination fee, civil penalty or Driver Responsibility Assessment (DRA)), they must be paid before applying for a license or the processing of your application will be delayed.  For information on how to pay DMV fees, visit our website at dmv.ny.gov and select the topic labeled Tickets, Points and Penalties.

  • If you are currently suspended for failing to pay child support, before you may proceed with applying for a new driver license, you must contact your local child support collection unit to make a payment and to have the suspension cleared.  By law, DMV cannot clear/remove a child support suspension unless directed to do so by the Office of Temporary Disability (OTDA).  Once OTDA electronically notifies DMV to clear the suspension, you may continue with submitting your online request for relicensing.  Failure to follow these directions will delay the processing your application for relicensing due to open suspension(s) on your record.

  • If you are currently suspended for failing to pay New York State taxes, before you may proceed with applying for a new driver license, you must contact the NY State Department of Tax and Finance (DTF) or call (518) 862-6000 to make a payment and to have the suspension cleared.  By law, DMV cannot clear a delinquent tax suspension unless directed to do so by DTF.  Once DTF electronically notifies DMV to clear the suspension, you may continue with submitting your online request for relicensing.  Failure to follow these directions will delay the processing your application for relicensing due to open suspension(s) on your record.

  • If you are currently suspended for failing to file an acceptable accident report with DMV, before you may proceed with applying for a new driver license, you must fax a completed Report of Motor Vehicle Accident, (form MV-104) to (518) 474-0718.  Once this form is processed, you may continue with submitting your online request for relicensing.  Failure to follow these directions will delay the processing your application for relicensing due to open suspension(s) on your record.

  • If you have an open traffic tickets or owe fines to a court, you must contact the court of record.  Outstanding tickets need to be addressed and all fines need to be paid before you may apply for a license.  Once the court notifies DMV that the tickets have been satisfied, you may continue with submitting your online request for relicensing.

Note:  Any additional convictions of moving violations or other incidents added to your driving record can make you ineligible for approval or may delay the approval process.


After you receive approval

You will receive an approval to apply for a new driver license via email.  The approval email will contain directions which you must follow to be successful when applying for a new driver license your local DMV office. 

If you are licensed by another state and you receive approval for restoration of your NY State driving privilege via email and you may resume driving in NY State if you have a valid out-of-state driver license.

For revoked NY State driver license holders who were approved for relicensing following a revocation, you cannot drive until your new NY State driver license is issued by a DMV issuing office.  You may be required to take vision, written and/or road tests to qualify for a new license.   


To request online, you must first create a MyDMV account

You will need your

  • New York State Driver License, Permit or Non-Driver ID
  • Social Security Number

It is very important that you read the instructions on this page for applying online before you begin.

Go to MyDMV



By mail

It can take up to 12 weeks for DIU to process a request received by mail.  If you request approval by mail, you must wait until 30 days before the revocation period ends to send your request.

  • If you need to request approval to apply for a new license, you must complete an Application for Permit, Driver License or Non-Driver ID Card (MV-44).  Leave the “I am applying for a” boxes blank.  If you do not know your NY State driver license number, you can leave that box blank.  Mail the form to the Driver Improvement Bureau at the address below.  

  • If you reside out-of-state and need to request that your NY State driving privilege be restored, you must complete the Request for NY State Driving Privileges form (DS-115)  and mail to the Driver Improvement Unit at the address below.

Note:  If you are convicted of a moving violation or another incident that affects your New York State driving record after you send your request, you may become ineligible for approval or need to wait longer for processing.


Re-application fee

A $100 re-application fee must accompany your driver license application, Application for Permit, Driver License or Non-Driver ID Card (MV-44) or request for reinstatement of driving privileges.  The re-application fee may be paid by check or money order made payable to the “Commissioner of Motor Vehicles.” 


Additional fees and penalties

If you apply for restoration and owe any of the following fines or penalties, they must be paid before your application can be approved


Additional requirements

What is required to apply for a new license after revocation?

You must submit a completed Application for Permit, Driver License or Non-Driver ID Card (MV-44), a non-refundable $100 fee and any pertinent items below with your application. 

  • If your sentence from a court includes serving a term of probation and the conditions include restrictions on reapplying for a license /privilege, you must provide:

    • A copy of your conditions of probation and a letter granting permission to apply for a driver license from the court that sentenced you or from the probation office that you must report to.  The letter must be on court or probation letterhead; or

    • If your probation was terminated, you must provide a letter from the court/probation department. On their letterhead, that states the date your probation was terminated; or

    • If the conditions of your probation do not include driving restriction, you must provide a copy of the conditions

  • If you have two or more alcohol/drugged driving convictions in 25 years, you are required to complete an alcohol evaluation and or treatment within one year from the date of the final review.  Your provider must electronically notify DMV of your successful completion.  Paper proof submitted by you will not be accepted.  You can find acceptable evaluation and treatment providers within NY State by accessing the NY State Office of Alcoholism and Substance Abuse Services (OASAS) website at  www.oasas.ny.gov. Click on the "FIND A PROVIDER" link located in the top box on the right-hand side. Click on the type of program: "Providers of Clinical Screening and Assessment Services for Impaired Driving Offender" to search for a list of OASAS approved providers of clinical services for impaired driving offenders in your area. You can search for approved providers by county, city or zip code. If you do not have access to the Internet, please call the OASAS HOPE line at 1-877-846-7369. This toll-free line operates 24 a day, seven days a week.

    When choosing an alcohol or drug evaluation/treatment provider, please be aware that the provider must appear on the listing.  A provider will not be accepted unless they have been approved by OASAS.  To get on this approval list the provider must contact OASAS at 1-800-482-9564 for instructions.

    For services provided outside of New York State, the provider must be on the approved list of providers on the Substance Abuse & Mental Health Service Administration (SAMHSA) website at https://findtreatment.samhsa.gov.   The provider will need form DS-449 “Alcohol and Drug Abuse Rehabilitation Program Summary”.  They may contact Driver Improvement Unit, 6 Empire State Plaza, Room 336, Albany, NY 12228 or by fax at (518) 473-8229, to obtain this form.

  • If you owe any DMV fees (suspension termination fee, civil penalty or Driver Responsibility Assessment (DRA)), they must be paid before applying for a license or processing of your application will be delayed.  For information on how to pay DMV fees, visit our website at dmv.ny.gov and select the topic labeled Tickets, Points and Penalties.

  • If you are currently suspended for failing to pay child support, before you may proceed with applying for a new driver license, you must contact your local child support collection unit to make a payment and to have the suspension cleared.  By law, DMV cannot clear a child support suspension unless directed to do so by the Office of Temporary Disability (OTDA).  Once OTDA electronically notifies DMV to clear the suspension, you may continue with submitting your application for relicensing.  Failure to follow these directions will delay the processing application for relicensing due to open suspension(s) on your record.

  • If you are currently suspended for failing to pay New York State taxes, before you may proceed with applying for a new driver license, you must contact the NY State Department of Tax and Finance (DTF) or call (518) 862-6000 to make a payment and to have the suspension cleared.  By law, DMV cannot clear a delinquent tax suspension unless directed to do so by DTF.  Once DTF electronically notifies DMV to clear the suspension, you may continue with submitting your application for relicensing.  Failure to follow these directions will delay the processing of your application for relicensing due to open suspension(s) on your record.

  • If you are currently suspended for failing to file an acceptable accident report with DMV, before you may proceed with applying for a new driver license, you must fax a completed Report of Motor Vehicle Accident, (form MV-104) to (518) 474-0718.  Once this form is processed, you may continue with submitting your application for relicensing.  Failure to follow these directions will delay the processing of your application for relicensing due to open suspension(s) on your record.

  • If you have an open traffic tickets or owe fines to a court, you must contact the court of record.  Outstanding tickets need to be addressed and all fines need to be paid before you may apply for a license.  Once the court notifies DMV that the tickets have been satisfied, you may continue with submitting your application for relicensing.

Mail your application, the $100 reapplication fee by check or money order made payable to “Commissioner of Motor Vehicles” and court/probation documentation, if applicable to:

Driver Improvement Unit
NYS DMV
6 Empire State Plaza, Room 338
Albany, NY 12228
(518) 474-0774, Option #5 (Phone Hours: M-F, 8:30 – Noon)
FAX (518) 474-6208

The Driver Improvement Unit (DIU) will make a determination based on your lifetime driving record, and a response will be mailed to you. The response will include instructions about your next steps.  Those instructions are also outlined below whether your application is denied or approved. 

NOTE:  Motorists who have previously held a learner permit, driver license from another state or jurisdiction or who have had convictions /incidents of alcohol/drugged driving in another state or jurisdiction, will be sent an additional form to complete.  This form must be completed and returned to the Driver Improvement Unit before a final review can be completed.  

Mail application, fees and any additional required documentation to

Send these items to:

Driver Improvement Unit
NYS DMV
6 Empire State Plaza, Room 338
Albany, NY 12228
(518) 474-0774, Option #5 (Phone Hours: M-F, 8:30 – Noon)
FAX (518) 474-6208

 

What happens if my driver license application is denied by DIU?

You have the following four options (these options are also printed on denial letters issued by DIU):

  1. Accept the denial and take no further action.  If there is a date printed on your denial letter that advises when you may reapply, you may submit a reapplication up to 60 days before that date.

  2. Request reconsideration of the denial by submitting the Request For Relicensing Reconsideration After Denial form included as part of your denial letter to:  NY State DMV, Driver Improvement Unit, 6 Empire State Plaza, Room 338, Albany, NY  12228 WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR DENIAL LETTER. If you select this option please read and follow the directions below as you may submit all your unusual, extenuating and compelling circumstances only once per relicensing application.  Please note that unusual, extenuating and compelling circumstances must meet all three criteria to be successful.

    IF, you have unusual, extenuating and compelling circumstances that you believe would form a valid basis for the Department to deviate from the general revocation policy and justify approval of your driver license application:

    • You must explain in detail each circumstance;

    • You must provide credible, verifiable documentation to support all circumstances claimed.  For example, if you need a license to drive yourself or a family member to necessary medical treatment, you must provide documentation verifying and explaining the nature of the medical condition, the need to attend necessary appointments related to the condition or treatment and proving there is no other transportation (including affordable private and public transportation) that may be used to get to the medical appointments.

      Credible, verifiable documentation – is documentation from a third party (not a relative) that supports your claim.  Some examples are: letter/statement supporting your claims from your physician, employer, religious official, government official, professors, counselors, public transportation schedules, routes and/or maps, receipts, medical bill, appointment schedules, etc.

      If you do not provide credible, verifiable documentation for each circumstance claimed, your request will be denied.

      Please note:  unusual, extenuating and compelling circumstances alone do not warrant granting an approval.  If your driving history is indicative of a continued risk to highway safety, your application for relicensing may not be approved even with extenuating circumstances.  

    • Requests For Relicensing Reconsideration After Denial sent to the Driver Improvement Bureau must include any documentation that was submitted with your initial application regarding unusual, extenuating, and compelling circumstances.

    • If the letter to the Driver Improvement Bureau is late, it will not be considered, and the denial you received will be FINAL.  Your request/letter must be submitted to the Driver Improvement Bureau WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR DENIAL LETTER.  If it is received after the 60 days it will be rejected.

  3. SUBMIT AN APPEAL OF YOUR REVOCATION TO THE DMV APPEALS BOARD.  To submit an appeal, mail the appeal form, appeal and a copy of your denial letter to the DMV Appeals Board WITHIN SIXTY (60) DAYS OF THE DATE OF YOUR If it is received after the 60 days, your appeal request will be rejected.
    • By law, the Appeals Board is not authorized to consider an appeal that is filed in an untimely manner, or to review any arguments or materials that have NOT been previously submitted to and considered by the Driver Improvement Bureau.   Do not submit claims of unusual, extenuating and compelling circumstances to the Appeals Board.

  4. SUBMIT ANOTHER APPLICATION FOR RE-LICENSURE TO THE DRIVER IMPROVEMENT UNIT
    Although you may submit an application for a new driver license at any time, please be aware the Driver Improvement Unit will review your entire driving history based upon the same standards that resulted in the previous denial. Each application is also subject to the statutory $100 fee.  You may submit additional applications to the address mentioned above.

 


What happens if my driver license application is approved by the DIU?

For revoked NY State driver license holders who were approved for relicensing following a revocation, you cannot drive until your new NY State driver license is issued by a DMV issuing office. 

You will receive an approval packet from the Driver Improvement Unit.  This packet contains instructions specific to you.  Follow the instructions to apply for your new driver license.  Depending on your NY State driver license record you may be approved with a Problem Driver Restriction and an Ignition Interlock Device (IID).  You may be required to install and maintain an Ignition Interlock Device on any, and all vehicles you own or operate prior to going to your local motor vehicles office to apply for your permit/license.

For information about how to obtain an ignition interlock device and have it installed, please visit http://www.criminaljustice.ny.gov/opca/ignition.htm .  In the center of the page you will find tabs for Forms, Regulations/Laws, Manufacturers/Vendors and Interlock Devices.  Select the Manufacturers/Vendors tab for information regarding manufacturers and installers and select the Interlock Devices tab for available models and fees. 

After you have the ignition interlock device installed, you are required to bring all of the following items from the approval packet you receive from Driver Improvement to any local Motor Vehicles Office in order to apply for your permit/license:

 

  • The approval notice
  • The Application for Driver License or Non-Driver ID Card (Form MV-44)
  • The completed “Department of Motor Vehicles Ordered Interlock Device Installation Confirmation”
  • Proof of name and date-of-birth
  • Social Security Card

 

The problem driver restriction and ignition interlock device is required under the authority contained in section 3.2(4) (c) of the Regulations of the Commissioner of Motor Vehicles.  You are required to install and maintain an Ignition Interlock Device for a period of five years in all motor vehicles that you own or operate.  After you are relicensed, you may not drive any vehicle that does not have the interlock device installed except during the hours of employment, and only if your occupation requires the operation of a motor vehicle.   Your employer must provide you with signed documentation, on company letterhead, advising they have knowledge of the ignition interlock restriction and grant permission for you to operate the vehicle for business purposes without the device.  You must carry this documentation with you when operating the employer’s vehicle. 

Drivers with an A2 Problem Driver restriction may operate a vehicle only under the following restrictions:

  • To and from place of employment or education; during the course of employment or education, when required.  If driving for employment, your employer must provide you with signed documentation, on company letterhead, advising they have knowledge of the interlock restriction and grant permission for you to operate the vehicle, for business purposes without the device.  You must carry this documentation with you when operating the employer’s vehicle.

  • To and from a medical appointment which is part of a necessary medical treatment for you or a member of your household.  You may be required to provide a written statement from your licensed medical practitioner that verifies such travel.

  • To and from DMV offices in conjunction with the amendment of your driver's license with the problem driver restriction.

  • To and from a place including a school, at which the child or children are cared for on a regular basis and which is necessary for the holder to maintain such holder's employment.

  • Enrollment at an accredited school, college or university or a State-approved institution of vocational or technical training.

 

These restrictions will remain in effect for a period of five years from the issuance of the document.  Should you incur any violations/convictions, the approval may be withdrawn and favorable consideration may not be given to any future request for restoration of your New York State Driver license.

If you are licensed by another state and you receive approval for restoration of your NY State driving privilege, you may resume driving in NY State if you have a valid out-of-state driver license.

Note:  Regardless if you are applying for a NY State driver license or driving privilege, any additional convictions of moving violations or other incidents added to your driving record can make you ineligible for approval or may delay the approval process. 

 

 

  • 1. “Driving privilege” means that out-of-state drivers are allowed to drive a motor vehicle in New York State. A driving privilege can be suspended or revoked for the same reasons as are New York State driver licenses and carries the same penalties as driving with a suspended or revoked license.
  • 2. You will need to request approval by mail.
  • 3.

    Insurance Services Bureau
    NYS DMV
    6 Empire State Plaza, Room 332B
    Albany, NY 12228

     1-518-474-0700