BUFFALO DWI ATTORNEY ANDREW TRAVIS
COMMERCIAL DRIVERS DWI PENALTIES IN NY
Commercial Drivers Driving While Impaired Charge with Blood Alcohol Content (BAC) over .04%
|1st Offense||2nd Offense|
|Minimum Jail||Up to 1 year jail||Up to 4 years jail|
|Fines||$500 to $1,000||$1,000 to $5,000|
|Driver’s License||1 yr revocation, min||1 yr revocation, min|
|Commercial Driver’s License (CDL)||1 yr revocation,
3 yr revocation – If transporting hazardous chemicals
|Ignition Interlock Device Required||Yes||Yes|
In the state of New York, the penalties for CDL drivers are more severe than for regular license holders. For example, the legal BAC limit for drivers over 21 is .08%, but for commercial drivers it is .04%. Additionally, CDL license holders can be charged with a DWI even if arrested in a non-commercial vehicle, such as being off duty and in their personal car. If convicted, the commercial driver will lose the CDL for a minimum of 1 year, in addition to hefty fines and possible jail time. Now if the commercial driver was found to have a BAC of .04% or higher while transporting hazardous materials, then the CDL will be revoked for 3 years. And a second DWI offense results in revocation of the CDL — for life.
For a bus, truck and commercial van drivers, their commercial license is their means of livelihood. Even if the convicted driver is granted a hardship or conditional driving privilege in regards to the regular driver’s license, this privilege is not applied to the CDL which wil remain suspended regardless.
A CDL will be revoked for a minimum of one year if the driver commits a major traffic offense such as :
- Leaving the scene of an accident
- Refusal to submit to a breathalyzer test
- Conviction of driving while impaired because of alcohol or drugs
- Felony conviction involving the use of an auto or truck
A DWI/DUI charge is very serious. When you are the holder of a CDL, the seriousness of the charges is multiplied. Don’t put your freedom and livelihood into further jeopardy. Hire an expert DWI attorney. Trust Travis. You’ll be glad you did.