When a Buffalo truck driver is arrested for Driving A Commercial Motor Vehicle While Intoxicated per se – Level II, he or she faces a misdemeanor charge.
This is a criminal offense and will result in a criminal record if convicted.
For a commercial motor vehicle driver with no prior record, the maximum possible jail sentence for this crime is 180 days of incarceration.
In the alternative, the Court may impose a sentence of up to three years of probation. The court also may impose a sentence of both jail and probation if the length of the jail sentence is 60 days or less.
In addition, the sentence may include a fine of between $500 and $1,500. In addition to any fine, there is a mandatory surcharge of $400 and a Driver Responsibility Assessment of $250 per year for three years that must be paid to the Department of Motor Vehicles.
More importantly for many holders of a commercial driver’s license, the commercial driving privileges of a first time DWI offender will be revoked for at least one year.
If the driver was transporting hazardous material, the revocation will be for at least three years. While most drivers who do not need a commercial driver’s license can obtain a conditional license to drive to work or school, a conditional license does not allow a person to drive a commercial motor vehicle.
As a result, anyone who needs a commercial driver’s license for his or her job would be unable to work for at least one year following a conviction.
These penalties can have a devastating impact on a commercial motor vehicle driver. If you have been arrested for drinking and driving and need legal help, we can be reached at 716-542-5444.