Most stops for drinking and driving in the Rochester area involve individuals operating private passenger vehicles such as cars, pick-up trucks or SUVs.
All of these vehicles are treated the same for purposes of New York’s DWI laws. For larger vehicles and certain vehicles that are not private vehicles, a drunk driver may face enhanced charges, additional fines, and longer periods of driver’s license revocation.
For commercial motor vehicles, there are specific laws making it illegal for a driver to operate a commercial motor vehicle with even low levels of alcohol in his or her system.
There are also severe penalties involving the driver’s license of the commercial motor vehicle’s operator.
Aside from commercial motor vehicles, New York State also categorizes several vehicles as “special vehicles” that are subject to additional penalties.
This area of law is quite complex and requires the help of experienced DWI lawyer to understand. Special vehicles include taxis, school buses with at least one passenger on board, and non-commercial motor vehicles weighing between 18,000 and 26,000 pounds.
As some examples of specific enhanced penalties, the offense of Driving While Ability Impaired by Alcohol – normally a traffic infraction – is raised to a misdemeanor if operating a taxi or non-commercial motor vehicles weighing between 18,000 and 26,000 pounds, and the penalties are increased to a fine of between $500 and $1,500 and a one year driver’s license revocation.
Committing the offense of Driving While Intoxicated –normally a misdemeanor – while operating a school bus is a class E felony with a fine of between $1,000 and $5,000 and a three year driver’s license revocation.
There are many other rules surrounding these “special vehicles.”
If you have been stopped for drinking and driving, we can help you understand the potential penalties you face. Please call us at 585-484-7432.