In New York, pursuant to vehicle and traffic law 1192(5), it is illegal to operate a commercial vehicle if your blood alcohol concentration (BAC) is .04% or more. If you are convicted of driving a commercial vehicle with a BAC of .04% or higher, you will lose your CDL for at least one year for a first offense. You will lose your CDL for at least three years if the offense occurs while you are operating a commercial vehicle that is placarded for hazardous materials.