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DWI Zero Tolerance Law & Commercial License

Call Now 800-893-9645DWI Defense for Commercial Drivers and Drivers Under 21

Being arrested for DWI in New York is tough. It can be even tougher on commercial drivers and persons under the age of 21. If you fall into one of these two categories, you should trust your case to our Westchester County DWI defense attorneys. We are experienced in challenging police procedures for administering field sobriety tests and stopping vehicles. Our aggressive representation has earned us a reputation as being some of the best lawyers in New York. Don’t underestimate the situation and call our attorneys at 914-723-7900 .

The penalties for a DWI conviction are constantly changing. You should consult one of our attorneys to ensure this list is up to date. The following information is a glimpse into the possible penalties. Note, there are additional sanctions that can be imposed.

Driving While Impaired Per Se level I - Commercial Motor Vehicle charged under VTL §1192.5:

If you operate a commercial motor vehicle you know that protecting your ability to drive means everything. If you have blood alcohol content anywhere from .04 to .06, you can be charged under VTL 1192.5. Our lawyers have represented numerous truck drivers, limousine driver, bus drivers, and other commercial drivers. We understand your concern and what you have at stake. Give our lawyers a call now at 914-723-7900.

Penalties For Driving While Impaired Per Se level I -Commercial Motor Vehicle:

ConvictionClassMinimum FineMaximum FineJailLicense
1stTraffic Infraction$300.00$500.00Up to 15 daysCDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials
2nd Offense Within 5 YearsTraffic Infraction$500.00$750.00Up to 4 years; minimum 5 days or 30 days Community ServiceCDL revoked for Life unless waived

Driving While Impaired Per Se level II - Commercial Motor Vehicle charged under VTL §1192.6:

DWAI-level II affected operators of commercial motor vehicles whose blood alcohol content is between .06 and .08. The penalties can be severe.

Penalties For Driving While Impaired Per Se II-Commercial Motor Vehicle:

ConvictionClassMinimum FineMaximum FineJailLicense
1stMisdemeanor$500.00$1,500.00Up to 180 daysCDL revoked for 1 Year or at least 3 years if vehicle was placarded for Hazardous Materials
2nd Offense Within 5 YearsMisdemeanor$1,000.00$5,000.00Up to 4 years; minimum 5 days or 30 days Community ServiceCDL revoked for Life unless waived

Operating a Motor Vehicle After Consuming Alcohol/Under 21 years old charged under VTL §1192-a:

A charge under VTL §1192-a is commonly referred as the “Zero Tolerance Law.” If you are under the age of 21 and charged with DWI, the New York legislature has imposed severe penalties. If you are under the age 21, you are deemed to have consumed alcohol only if you have blood alcohol content between .02 and .07.

Penalties Under Zero Tolerance Law:

Conviction ClassCivil PenaltyJailLicense
1stIt is neither a crime nor an offense$125.00N/ASuspended 6 months
2ndIt is neither a crime nor an offense$125.00N/ARevoked for 1 year or until age 21 whichever is greater

Our DWI defense firm can be often found defending clients in Westchester County, Rockland County, and Nassau County. Give us a call at 914-723-7900.