Michael A. Ferraro, Esq., P.C.

Could picking up an unexpected load lead to a truck driver’s DWI?

On Behalf of | Dec 18, 2021 | DWI defense |

Truckers usually have to schedule their work a bit ahead of time. There are limitations on how long they can drive in a seven-day period and in a single shift. Companies usually do their best to schedule truckers several days ahead of time so that they won’t run into any compliance issues. 

Truckers also need that forewarning so that they can structure their personal lives around their intense workplace responsibilities. Sometimes, another worker falls ill or gets a traffic ticket and can’t haul a load. You might get the call while out for dinner or while watching a game at home. 

While you may happily accept an extra trip for the money or to help out your employer, it could put you at increased risk of a drunk driving charge if you have had anything to drink before you go into work. 

You could get arrested even if you feel perfectly fine

In New York, the per se limit for blood-alcohol concentration (BAC) is 0.08%. However, as someone with a commercial driver’s license, you are subject to a per se BAC limit half that of other drivers. With a BAC of just 0.04%, you could get arrested for driving while intoxicated (DWI) while in control of a commercial vehicle. 

Even if there was no evidence that your driving skill diminished because of the alcohol, the test results alone are enough for a conviction that could potentially cost you your commercial license and your career. Learning the unique DWI laws that apply to commercial drivers can help you protect your license and your career.