New York State has several additional regulations when it comes to drinking and driving in what is termed a “special vehicle,” such as a bus or a truck weighing over 18,000 pounds.

A Rochester driver arrested for Driving While Intoxicated in a special vehicle may face very severe penalties.

When it comes to trucks, the potential penalties may depend not just on the size of the vehicle, but also what it is carrying.

If a driver who is operating a truck that weighs more than 18,000 pounds and is carrying flammable gas, radioactive materials or explosives is arrested for Driving While Ability Impaired by Alcohol, he or she will be charged with a misdemeanor offense – not the traffic infraction the driver of a car would face.

Moreover, if convicted of the charge, the loss of driving privileges would be expanded to one year – not 90 days – and the potential fine would increase to between $500 and $1,500.

Similarly, the driver of such a vehicle who is arrested for Driving While Intoxicated or Driving with a Blood Alcohol Content of .08% or Greater – both of which are normally misdemeanor offenses for first time offenders – would find the charge increased to a class E felony offense and the potential fine raised to between $1,000 and $5,000.

If the driver were to be charged with Aggravated Driving While Intoxicated per se – which is also normally a misdemeanor but carries greater penalties than Driving While Intoxicated – he or she would be charged with a class D felony and the potential fine would be increased to between $2,000 and $10,000.

It should also be noted that the holder of a commercial driver’s license convicted of drinking and driving while carrying hazardous material will have that license revoked for at least three years.

If you rely on your driver’s license to work, it is important to know the potential penalties if you have been arrested for any drinking and driving offense.

For legal help, please call us at 585-484-7432.