Commercial DUI- Severe Standards and Serious Penalties

DUI lawThe impact of drunk drivers on innocent people is shattering that is why New York laws impose harsh penalties for drinking and driving. Few facts will verify this devastating reality.

  • One third of the mortalities in New York involve impaired or intoxicated drivers.
  • The risk of crash and the blood alcohol concentration increase together side by side. You’re risk of a crash with a 0.08% BAC is four times higher than a nondrinking driver. With a BAC of 0.16% you’re probability of a crash is 25 times more than a non- intoxicated driver.
  • The probability of crash in minors is three times higher than other related to alcohol crashes.

Quick Review of Regular DUI Penalties

The numbers stated prove how damaging the drinking and driving is to society that is why the New York state penalties are very severe:

A first DUI conviction will force the driver to pay a monetary fine up to $1,000, have his license suspended for at least 6 months and face a jail sentence of up to 1 year.

A second DUI is considered as class E felony and not a misdemeanor. A driver will face jail for a minimum period of 5 days, or a 30 days community service, and will owe the state a monetary fine up to $5,000 and a license suspension for a minimum period of 1 year.

A subsequent DUI will be considered as a class D, and the driver might face a 1 year jail period, monetary fine that could rise to $20,000 and a license suspension of at least 1 year.

Commercial DUI Definition and Penalties 

In regular DUI, the BAC level should reach 0.08% or greater but in a commercial DUI, under the FMCSA regulations, the driver is arrested for a Blood Alcohol Level of 0.04% or higher.  In fact, drivers holding a commercial license suffer from stricter standards and more serious penalties than a regular driver.

FMCSA rules ban commercial drivers from operating a commercial vehicle within four hours of drinking alcoholic beverages. Drivers will have their commercial driver’s license annulled for a minimum period of one year on the first conviction. On a following offense, the commercial license will be suspended for life.

Source: http://www.katzlawyers.com/Articles/DWI-Consequences-for-New-York-Commercial-Drivers.shtml

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