If you have been charged with a DWI as a commercial driver in New York, you will face severe consequences that may impact your future and your career. It is important that you understand the consequences that come with these charges. Continue reading to learn the definition of a commercial vehicle, the penalties for a first-offense and second-offense CDL DWI, and your eligibility for a conditional driver’s license. For assistance with your charges, reach out to our experienced New York criminal defense attorney. Our firm is prepared to explore all avenues of defense on your behalf. To learn more about our services and how we can help, give our firm a call today.
What is a commercial vehicle?
In New York, vehicles are considered commercial vehicles when they meet one of the following qualifications:
- Vehicles with a gross weight rating of more than 26,000 pounds
- Vehicles defined by the Vehicle and Traffic Law as a Bus
- Vehicles designed to transport 15 or more passengers
- Vehicles used to transport hazardous materials
What are the penalties for a first-offense CDL DWI in New York?
Drivers will face the following penalties for a first-offense CDL DWI in New York:
- When commercial drivers are caught operating a commercial vehicle with a BAC of .04% or higher their commercial driver’s licenses will be revoked for one year
- When commercial drivers are caught transporting hazardous materials while under the influence of alcohol they will lose their commercial driver’s license for three years
- When commercial drivers refuse to submit to chemical testing they will lose their commercial driver’s license for up to 18 months
- Drivers will also lose their standard driver’s license when charged with a DWI with a CDL in New York
What are the consequences of a second or subsequent CDL DWI in New York?
Penalties for a second or subsequence CDL DWIs in New York include license revocation of at least 10 years, heavy fines, the loss of the individual’s career as a commercial driver, and the loss of their regular driver’s license for a period of time.
Can I obtain hardship or conditional driving privileges after being charged with a CDL DWI?
After receiving a DWI, individuals will often request a hardship license which will allow them to travel to and from work and school. However, if you are convicted of a DWI with a CDL you will not qualify for a conditional license.
Contact our Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.