A holder of a commercial driver’s license needs an experienced Rochester DWI lawyer if arrested for drinking and driving.
There are many special regulations in New York that apply to commercial motor vehicle drivers charged with alcohol-related driving offenses, including limitations on their ability to plead guilty to a reduced charge.
In cases not involving a the operation of a commercial motor vehicle, a first time offender who is charged with Driving While Ability Impaired by Alcohol – the lowest level of alcohol-related driving offense – may be allowed to enter a guilty plea to an offense that does not involve drinking and driving.
When someone is operating a commercial motor vehicle, however, and charged with Driving While Ability Impaired by Alcohol or Driving a Commercial Motor Vehicle While Intoxicated per se – Level II (which requires proof that the driver had a blood alcohol content greater than .06% but less than .08%), by law the commercial motor vehicle driver cannot plead guilty to anything but an alcohol-related driving offense.
This limitation can have a serious impact on commercial motor vehicle drivers, as all alcohol-related driving offenses require that the license to operate a commercial motor vehicle be revoked, and there is no conditional license that would allow the driver to continue driving such a vehicle for work.
Aside from going to trial and seeking to be acquitted of the charge, the driver only may avoid an alcohol-related conviction if the district attorney prosecuting the case reviews the evidence, determines that it does not support the original charge and obtains the court’s consent to a reduced plea.
If you have been arrested for drinking and driving, you need to protect your driving privileges.
We can help you understand the rules regarding your driver’s license following a DWI. Call us at 585-484-7432.
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