NY VTL § 1192.5: Commercial Motor Vehicles: Per Se – Level I - Rachel Kugel

From The Kugel Law Firm – NY VTL § 1192.5: Commercial Motor Vehicles: Per Se – Level I explores how New York Vehicle and Traffic Law holds commercial drivers to higher standards when it comes to alcohol consumption and road safety. This episode breaks down the statute, which makes it unlawful to operate a commercial motor vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, a far stricter limit than the 0.08% standard applied to non-commercial drivers.

We’ll dive into what qualifies as a commercial motor vehicle in New York, from tractor-trailers and buses to hazardous material carriers. With a gross vehicle weight rating of 26,001 pounds or more, or the capacity to transport 16 or more passengers, these vehicles require commercial driver’s licenses (CDLs) and carry the added responsibility of protecting public safety. This heightened responsibility explains why even small amounts of alcohol can trigger serious legal consequences under NY VTL § 1192.5.

Listeners will hear real-world examples drawn from case law, including routine traffic stops, weigh station inspections, and post-accident testing that can all result in charges—even when drivers show no visible signs of impairment. We’ll also cover the potential defenses available, from challenging the accuracy of BAC testing to raising issues of unlawful traffic stops or medical conditions that may cause false positives.

Finally, this episode details the life-altering penalties of a conviction under NY VTL § 1192.5, including fines ranging from $500 to $1,000, mandatory CDL suspensions, possible jail time, and the creation of a permanent criminal record. At The Kugel Law Firm, we examine every detail of the evidence, identify weaknesses in the prosecution’s case, and work tirelessly to protect our clients’ livelihoods. Tune in to learn why acting quickly and strategically is essential when facing commercial DWI charges in New York.

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