VTL § 1192(6) – Commercial Motor Vehicles DWI (Level II)

New York treats commercial motor vehicle (CMV) alcohol offenses more strictly than standard passenger cases. Under VTL § 1192(6), a CDL holder (or anyone driving a CMV) can be charged with Commercial Motor Vehicles – DWI (Level II) for a .06% to .08% BAC while operating a CMV. Even though .06% is below the “per se” .08% limit for non-commercial drivers, the lower CMV threshold and CDL consequences make this charge especially serious. The Benjamin Goldman Law Office provides legal representation for motorists charged with VTL § 1192(6).

The Benjamin Goldman Law Office is available to assist drivers facing DWI charges anywhere in New York. Whether your case is in Buffalo, Poughkeepsie, Nassau, Plattsburgh, Albany, Manhattan, Binghamton, Rochester, Suffolk, or Syracuse, or anywhere else in NY, our firm can review the charge and explain your legal options. Consultations are always free.

VTL § 1192(6) – Commercial Motor Vehicles DWI (Level II)

New York Vehicle & Traffic Law § 1192(6) applies specifically to commercial drivers operating a commercial motor vehicle (CMV). Under this statute, a commercial driver can be charged if they operate a CMV with a Blood Alcohol Concentration (BAC) of .06% or higher. This threshold is significantly lower than the .08% standard for non-commercial drivers, reflecting the heightened responsibility placed on CDL holders. A violation is a criminal offense and can result in severe penalties that threaten both your driving privileges and your livelihood.

• Fine: $500 to $1,000 (first offense)
• Surcharge: $395 or $400, depending on the court
• License: Minimum 1-year revocation of CDL (first offense)
• Possible Jail: Up to 1 year (misdemeanor)

A conviction under VTL § 1192(6) does not just impact your personal record—it directly affects your career as a commercial driver. Losing your CDL, even temporarily, can mean losing your employment opportunities. Because the consequences extend beyond fines and license penalties, it is essential to consult with an experienced attorney before deciding how to proceed with your case.

Statute

The exact wording of the relevant sub-statute is:

§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.

6. Commercial motor vehicle; per se – level II. No person shall operate a commercial motor vehicle with .06 of one per centum or more but less than .08 of one per centum by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine, or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article.

Understanding VTL § 1192(6)

VTL § 1192(6) is a provision of New York’s Vehicle and Traffic Law that applies specifically to commercial drivers. Commonly referred to as the “Commercial Motor Vehicles – DWI (Level II)” statute, it targets CDL holders or anyone operating a commercial motor vehicle with a blood alcohol concentration of .06% or more but less than .08%. This level is below the standard “per se” limit of .08% for non-commercial drivers, reflecting the heightened safety responsibilities of commercial vehicle operation.

A violation of this statute is not treated as a simple traffic infraction. It is a criminal offense that carries serious consequences. A conviction can result in steep fines, mandatory surcharges, the loss of your CDL for at least one year (even on a first offense), and the possibility of jail time. Beyond these penalties, the impact on your career as a professional driver can be devastating, since most employers will not retain drivers who lose their commercial driving privileges.

Many commercial drivers may not realize that they can face prosecution under VTL § 1192(6) even though their BAC is below the standard .08% limit. This statute was designed to hold CDL holders to a stricter standard and ensure roadway safety. If you are found operating a commercial motor vehicle with a BAC of .06% to .08%, you may be charged under VTL § 1192(6) and face both criminal penalties and long-term consequences to your livelihood.

How to Fight a CMV DWI in NY (VTL § 1192(6))

Being charged under New York’s commercial DWI statute is a serious matter, especially for CDL holders whose careers depend on maintaining valid commercial driving privileges. Entering a Not Guilty plea is not a statement of innocence or an admission of guilt; it is the legal step that compels the prosecution to prove its case beyond a reasonable doubt. By exercising this right, the evidence, police procedures, and circumstances of the arrest can be carefully reviewed in court.

Because this offense is treated as a criminal matter with heightened consequences for CDL drivers, prosecutors and judges will approach the case with seriousness. However, the legal process often leaves room for negotiation, and the outcome may depend heavily on the details of the arrest. Factors such as the accuracy of chemical testing, the lawfulness of the traffic stop, or whether police procedures were properly followed can all influence whether charges are reduced, challenged, or even dismissed.

An experienced DWI attorney can provide essential guidance when facing charges under VTL § 1192(6). Legal counsel can review the details of your arrest, challenge the basis of the stop or test results, and identify possible defenses. An attorney can also negotiate with prosecutors to seek a reduction in charges or a more favorable outcome, which may help protect both your record and your livelihood as a professional driver.

Fight Your VTL § 1192 (6) Ticket CALL NOW FIGHT YOUR TICKET NOW