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Commercial Drivers License and DUI (DWI) in New York

In the state of New York it is illegal for a person to drive a commercial vehicle with .04 or more of BAC in their body. If convicted of driving while intoxicated with a BAC of more than .04 in a commercial vehicle, you will face harsh penalties. Along with the points added to your driving record, you will face a minimum 1-year suspension from driving commercial vehicles. The penalties are enhanced if one is caught transporting hazardous materials in a commercial vehicle with more than a .04 BAC. If convicted, your commercial vehicle license will be barred for a minimum of three years.

If one commits any of the aforementioned offenses for a second time, a lifetime ban on driving a commercial vehicle is imposed. However, it is possible to receive a waiver after ten years time. If you resist as chemical test as a commercial vehicle driver, you license will be suspended for a minimum of 1-year. Along with the previous penalties, all other DUI penalties for persons over the age of 21, for first and second offenses, can also be imposed. Since there is a lifetime ban after the second offense, commercial vehicle DUI differs from regular DUI, which has penalties after the second offense – all of which do not apply to commercial vehicle DUI.

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