What Is a Commercial Driver’s License DWI in New York?

Evidently, being under the influence of drugs or alcohol is unacceptable. But this is especially the case if your job is to drive a commercial motor vehicle. Doing so may constitute a commercial DUI, and with that comes many life-altering consequences. Follow along to find out what is considered a commercial driver’s license DUI and how a proficient Spring Valley DWI defense attorney at The Law Office of Kevin T. Conway can help you fight off the penalties you are facing.

What is considered a commercial vehicle?

First of all, it is important to understand what is considered a commercial vehicle by New York law. A commercial vehicle will meet the following criteria:

• A vehicle that weighs 26,000 pounds or more.
• A vehicle that can transport 15 or more passengers at once.
• A vehicle that can transport hazardous materials.
• A vehicle that is considered a bus under New York’s Vehicle and Traffic Law.

What is considered a commercial DWI in New York?

As a basic driver, a law enforcement officer may charge you with a DWI if your blood alcohol content (BAC) level is tested to be at 0.08 percent or higher. However, New York has stricter standards when it comes to commercial drivers. That is, a law enforcement officer may charge you with a DWI if your BAC level is tested to be 0.04 percent or higher.

What happens to my commercial driver’s license after a commercial DWI in New York?

Put simply, your commercial driver’s license will likely be revoked after receiving a DWI in New York. For a first offense, your commercial driver’s license may be revoked for one year. If you were transporting hazardous materials at the time of your offense, then this revocation will increase to three years. And if you refused to submit to chemical testing, then this revocation will increase to 18 months. On top of this, your standard driver’s license will be revoked.

As for your second offense, your commercial driver’s license will be revoked for at least 10 years. On top of this, your standard driver’s license will be revoked. And since your capability to obtain work is contingent on your capability to operate a commercial motor vehicle, your job opportunities will subsequently be diminished.

What are other penalties after a commercial DWI in New York?

In addition to your commercial and basic driver’s license revocations, you may be up against the following penalties:

• First-offense commercial DWI:
  • Jail for one year.
  • Fines at $500 to $1,000.
  • A criminal record that cannot be expunged.
• Second-offense commercial DWI:
  • Jail for four years.
  • Possible probation for five years.
  • Fines at $1,000 to $5,000.
  • A criminal record that cannot be expunged.

This is why it is imperative that you retain the services of a talented Rockland County criminal defense attorney as immediately as possible. We will build a legal strategy that is relevant to the circumstances of your offense. Call us today.