DWI In A Commercial Vehicle

DWI In A Commercial Vehicle occurs where a person drives a non-commercial vehicle upon any highway, street, or public vehicular area at a time when the person was either under the influence of an impairing substance, which means the person had taken or consumed a sufficient quantity of the substance to cause the person to lose the normal control of their bodily or mental faculties, or both, to such an extent that there is an appreciable impairment (impairment is deemed appreciable when it is sufficient to be recognized and estimated) of either or both of these faculties, had consumed a sufficient quantity of alcohol that the person had an alcohol concentration of 0.04 (as opposed to DWI In A Non-Commercial Vehicle, where it is .08) or more grams of alcohol per 210 liters of breath (which is determined by a breath sample that is analyzed by an Intoxylizer machine) or per 100 milliliters of blood (which is determined by a blood test), or had any amount of a Schedule I Controlled Substance, or metabolites of a Schedule I Controlled Substance, in their blood or urine; a metabolite is any substance produced or used during metabolism and refers to the end product that remains after the drug has been metabolized.

A commercial vehicle is either a single motor vehicle designed to transport 16 or more passengers, including the driver, a single motor vehicle that is capable of safely hauling (referred to as its GVWR) at least 26,001 pounds, a combination of motor vehicles with a GVWR of at least 26,001 pounds (the GVWR of a combination vehicle is the GVWR of the power unit plus the GVWR of the towed unit or units), a single motor vehicle with a GVWR of at least 26,001 pounds, or a motor vehicle transporting hazardous waste.