In an effort to curtail large trucks from being operated by persons under the influence of alcohol, New York State has created special anti-drinking and driving laws that apply only when operating a commercial motor vehicle.
Operators of commercial motor vehicles in Rochester should be aware that they are held to a higher standard than other drivers when it comes to alcohol-related driving offenses.
Driving A Commercial Motor Vehicle While Intoxicated per se – Level II is the most serious of these special offenses for commercial motor vehicles.
While Driving While Intoxicated per se (commonly known as Driving With A Blood Alcohol Content Of .08% Or Greater), requires proof that the driver had a blood alcohol content of .08% or higher, Driving A Commercial Motor Vehicle While Intoxicated per se – Level II may be charged where the commercial motor driver’s blood alcohol content is greater than .06% but less than .08%.
Aside from evidence of the driver’s blood alcohol content at the time of operation of the commercial motor vehicle, it must be shown that the vehicle was being driven on a public highway, a private road open to public travel, or in a lot with parking for four or more vehicles which is not attached to a single or double family residence.
It is not necessary that the driver be operating the commercial motor vehicle in a visibly erratic or dangerous manner.
If you rely on your commercial driver’s license for work and have been arrested for drinking and driving, you face very serious consequences that may cost you your job. Call us at 585-484-7432 for experienced legal help.