Last fall, the state quietly introduced new regulations through the Department of Motor Vehicles. Although these changes officially took effect on Nov. 6, 2024, they will not be enforceable until 30 days after the state register publishes notice that the DMV commissioner has determined the department is ready to implement them. When that notice will be published remains uncertain. As of this writing, I have not seen anything in the most recent state register issues. For those interested in following along, the state register is published weekly and is available to the public for free through the state Department of State’s website.
One of the most significant changes is that certain convictions which previously carried no point penalties will now carry an assessment of 11 points. That includes convictions for driving while intoxicated, driving while ability impaired, and drug-related driving offenses, all of which formerly resulted in no points on a driving record. Additionally, a conviction for aggravated unlicensed operation will now result in an 11-point assessment, where it previously had none.
Another key change relates to the lookback period used to calculate point accumulation. Generally speaking — and I use “generally” because there are always exceptions — the lookback period has been extended from 18 months to 24 months. That means points will remain relevant longer, increasing the likelihood that a driver may reach the threshold for penalties. However, the lookback period used for determining whether the Driver Responsibility Assessment applies has not changed; it remains based on whether a driver has accrued more than six points within an 18-month period.
The Driver Responsibility Assessment is a fee imposed by the DMV on drivers who meet specific criteria. If a driver accumulates six points within 18 months, the DMV will assess a fee of $100 per year for three years. For each additional point over six, an extra $25 per year is added. The DRA can also be imposed after the conviction of certain violations, and this provision continues under the new regulations. Specifically, a conviction for DWI, DWAI or refusal to submit to a chemical test triggers a DRA of $250 per year for three years. Because these convictions now also carry 11 points, it appears the DMV may assess the DRA under both the point system and the specific violation category. As a result, a driver could face a dual financial penalty — $750 for the conviction itself, and $675 dollars based on the point total, for a combined DRA of more than $1,400. It’s worth noting that this does not include any court-imposed fines or surcharges.
The new regulations also tighten the rules around license suspension and revocation. Accumulating 11 points within 24 months may now result in an administrative hearing and possible suspension or revocation of driving privileges. Previously, the DMV would revoke a person’s license for life if they had five alcohol- or drug-related driving incidents over their lifetime. The new rules reduce that number to four. Similarly, lifetime revocation now applies to drivers with three alcohol- or drug-related incidents, along with at least one serious driving offense within a 25 period. The old rule required four such incidents.
Another significant change concerns individuals who have been adjudicated as youthful offenders. Under the updated regulations, youthful offender adjudications for alcohol- or drug-related driving offenses will now be treated the same as adult convictions for drivers over the age of 19. This suggests that the protective benefits previously extended to youthful offenders no longer apply in these cases.
Lastly, the regulations revise how the DMV uses “negative units” — a somewhat obscure but important system used to determine whether a driver should be allowed to regain driving privileges after a revocation. The updated rules increase the number of negative units assigned for certain offenses and extend the lookback period from three years to four. If a person has 25 or more negative units at the time they apply for re-licensure, the DMV will deny the application.
These regulatory changes mark a significant shift in how the DMV handles serious traffic offenses, point assessments and re-licensure eligibility. While some of the updates may catch drivers off guard — particularly the new point values and the potential for double Driver Responsibility Assessments — they reflect a broader push toward stricter enforcement and accountability on the roads. If you or someone you know may be affected, it’s important to review your driving record and keep an eye on the state register for the official implementation date. Staying informed now can help you avoid unexpected penalties and ensure compliance moving forward.