For people who drive for a living, the issues they will face when they are charged with driving while intoxicated in New York are magnified. Commercial drivers are subject to different rules and criteria for what constitute a DWI. The penalties are also different from what would be meted out to a driver on a conventional license. This makes it important to have a grasp of the process and tailor a defense specifically to the circumstances.
The DWI law is stricter for commercial drivers
Under New York State law, the blood alcohol content for commercial drivers is lower that it is for drivers of passenger vehicles. For a conventional driver’s license, the blood alcohol content for which a person will be arrested for DWI is 0.08%. If it is a commercial driver, it is half that. So, a trucker who is stopped and registers 0.04% will be arrested for DWI.
Commercial drivers will immediately have their driver’s license suspended. This happens prior to a conviction and the driver cannot drive a commercial vehicle. If it is a first offense, the driver can lose their commercial license for one year. They can be fined up to $1,000. The costs are more significant if it is a subsequent offense. The incarceration can be for up to one year. In addition, it will impact the commercial driver when they try to drive their personal vehicle with the possibility that an ignition interlock device will be required for them to drive.
For people whose livelihood is contingent on maintaining a commercial driver’s license in good standing, a DWI can cause myriad problems for them not just legally, but professionally and personally. The current employer will be notified of the DWI. It can be a challenge to get other commercial driving jobs even after the case is complete.
Commercial drivers should forge a strong defense when charged with DWI
Any New York driver who is accused of driving under the influence of alcohol or drugs will face various consequences in the short and long term. That includes being detained, having their driver’s license suspended, and being confronted with the prospect of fines, incarceration, and an extended loss of driving privileges.
Commercial drivers face exponential problems from the time they are arrested. To try and find a comprehensive strategy such as questioning the validity of the traffic stop or challenging the evidence, it is imperative to have assistance from those experienced in all areas of criminal defense, especially DWI.