Commercial drivers in New York face significantly stricter legal standards when it comes to driving under the influence, and New York DWI lawyer Rachel Kugel (https://thekugellawfirm.com/ny-vehicle-and-traffic-law-1192_5-commercial-motor-vehicles-per-se-level-i/) of The Kugel Law Firm is bringing attention to the key provisions of New York Vehicle and Traffic Law (VTL) § 1192.5. This law, which targets commercial motor vehicle operators with a blood alcohol concentration (BAC) between 0.04% and 0.06%, is a “per se” offense—meaning that no evidence of impairment is needed to pursue a charge.
Rachel Kugel, a New York DWI lawyer and lead attorney at The Kugel Law Firm, emphasizes the heightened responsibility that comes with holding a commercial driver’s license (CDL). “This lower BAC threshold recognizes the increased risks involved when commercial vehicles—often large or carrying hazardous materials—are operated by drivers under the influence of even small amounts of alcohol,” said Kugel. Under NY VTL § 1192.5, commercial drivers can face charges solely based on BAC levels, regardless of how they appear or behave during a stop.
As a New York DWI lawyer, Rachel Kugel notes that many commercial drivers are unaware that the legal BAC limit for them is half of what it is for non-commercial drivers. This can lead to life-changing consequences from what may seem like a minor decision. "Even a BAC of 0.04%, which might not cause visible signs of intoxication, is enough to trigger legal penalties that can disrupt a driver’s livelihood,” Kugel explains. “Because this law is based on strict liability, no erratic driving or impairment needs to be shown.”
The Kugel Law Firm has reviewed multiple scenarios in which commercial drivers can be charged under NY VTL § 1192.5. These include routine traffic stops, inspections at weigh stations, or post-accident testing—situations where drivers may not show signs of impairment but are still held liable due to their BAC reading. Kugel emphasizes that legal guidance is crucial in these cases, as many drivers don’t realize how easily such charges can arise.
Rachel Kugel points out that legal defenses are available for those charged under NY VTL § 1192.5, despite the strict nature of the offense. These defenses include challenging the accuracy of the BAC test results, questioning whether the traffic stop was lawful, and considering medical conditions or substances that might produce false positives. For example, improperly calibrated breathalyzers, failure to follow testing protocols, or the presence of certain medical conditions like acid reflux can all affect BAC readings. Inaccuracies like these can be grounds for challenging the charges.
A conviction under this statute carries serious consequences for commercial drivers. According to Kugel, penalties include fines ranging from $500 to $1,000, court surcharges, and potentially up to 15 days in jail for a first offense. However, the most damaging consequence for many is the suspension or revocation of their CDL. First-time offenders typically face a one-year revocation, and those transporting hazardous materials at the time may lose their CDL for three years. A second offense could mean permanent revocation.
Rachel Kugel also highlights that a conviction results in a criminal record, which can affect job prospects and future employment in the transportation industry. “The impact of these charges goes well beyond court,” she says. “It affects your ability to work, your financial stability, and your reputation. That’s why it’s so important for drivers to understand the law and seek help immediately if they are charged.”
One quote from the article sums it up well: “Building a strong defense is critical in commercial DWI cases, which often rely on technical evidence like BAC test results and traffic stop procedures.” Kugel and her team at The Kugel Law Firm focus on examining every detail of a case, from testing accuracy to the legal validity of the stop, in order to protect drivers’ rights.
Drivers who rely on their CDL for work cannot afford to ignore the implications of NY VTL § 1192.5. Timely legal intervention can be the difference between a resolved case and a lasting setback. Rachel Kugel encourages any commercial driver facing charges to act quickly to preserve their driving privileges and explore legal defenses.
The consequences of a conviction under NY VTL § 1192.5 are far-reaching, impacting income, career progression, and even basic opportunities like housing. Rachel Kugel urges commercial drivers in New York to become familiar with this law and to be proactive if accused. Legal strategies do exist, and working with a New York DWI lawyer like Kugel ensures that every possible avenue for defense is considered.
About The Kugel Law Firm:
The Kugel Law Firm is a New York-based law office focused on DWI and related driving offenses. Led by attorney Rachel Kugel, the firm advocates for drivers across the state facing criminal charges related to alcohol and drug-related driving offenses. The team works to protect clients’ rights and minimize the impact of legal proceedings on their professional and personal lives.
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