If you are a driver of a commercial vehicle in New York State, driving while intoxicated in New York (DWI) and refusing to submit to a breath screening test have very serious implications, and much more so than with drivers of non commercial vehicles.
Examples include: 1. Drivers of commercial vehicles can be charged with a DWAI (Driving While Ability Impaired”, the lowest level of a drunk driving charge, with a blood alcohol content (BAC) of only .04-.06, lower than the level of .05-.07 which would substantiate a DWAI charge against a non-commercial driver.
2. For a CDL operator, regardless of whether the charge is a DWI, which is a misdemeanor, or a DWAI, which is a traffic violation, the CDL license is revoked for one year. Contrast this with a first time offense by a non-commercial operator, who faces the much less severe penalties of a 90 day suspension of his or her driver’s license on a DWAI, or a 6 month revocation of his or her driver’s license on a DWI.
3. TLC Hack licenses are also revoked for a year on either a DWAI or DWI.
4. If a CDL operator refuses to take a breath screening test, his or her license is revoked for a full 18 months! This refusal will remain on the commercial driver’s record FOREVER. And if you refuse a second time as the holder of a CDL, you are facing a lifetime revocation!
If you have been charged with a New York DWI, DWAID (Driving while ability impaired by drugs), DWAI or a New York refusal, contact The Law Office Of Mark A. Siesel online or toll free at (914) 428-7386 for a free consultation to discuss your rights and legal options.