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.
What Is a Commercial Vehicle Under New York Law?
New York defines commercial vehicles based on their size, passenger capacity, and use. This is critical to understand, as holding a commercial driver’s license (CDL) will trigger different legal consequences than a standard DWI charge.
Commercial Vehicle Qualifications
Typically, to be considered a commercial vehicle, one of the following must apply:
- 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
Blood Alcohol Content (BAC) Standards for CDL Holders
Under New York and federal law, those who hold a CDL must adhere to a stricter alcohol standard.
Those who hold a standard license have a legal limit of 0.08% or higher. However, CLD drivers can face a DWI when they operate a commercial vehicle with a BAC of 0.04% or higher, half of the standard legal limit.
It’s also important to understand that the Federal Motor Carrier Safety Administration (FMCSA) disqualifies drivers who operate a commercial vehicle with a BAC at or over 0.04%.
Under New York law, a DWI committed while operating a commercial motor vehicle will still be prosecuted under the state’s standard DWI statutes. However, it will also trigger separate and additional CDL penalties under both New York DM and federal regulations and driver safety laws. As such, a commercial driver can face both criminal and independent CLD penalties, even if the BAC is below the standard legal limit that applies to non-commercial drivers.
What Are The Penalties For A First-Offense CDL DWI In New York?
When charged with a commercial DWI for the first time, drivers in New York can face serious administrative and licensing penalties.
First Offense CDL DWI Penalties
- One-year CDL disqualification for a BAC of 0.04% or higher in a commercial vehicle
- Three-year CDL disqualification if transporting hazardous materials at the time of arrest
- Disqualification of up to 18 months for refusing to participate in chemical testing
It is imperative to understand that these penalties are entirely separate from the criminal sentence you can face. The court may still order jail time and hefty fines if you are convicted of a DWI in New York.
Penalties for a Second or Subsequent CDL DWI Offenses
Facing a second charge for a CDL DWI will carry much harsher penalties.
Second CDL DWI Consequences
- A minimum of 10 years with a suspended CLD license if convicted for a second time
- Increased fines and criminal penalties
- Possible loss of your standard driver’s license for a period of time
When you are charged for a second or subsequent time, the penalties you can face, in terms of both administrative and criminal consequences, will increase. This is because you are now considered a repeat offender.
How a CDL DWI Can Affect Your Employment and Driving Record
- A CDL disqualification can make it difficult or impossible to continue working as a commercial driver in any capacity
- Many drivers must undergo federal driving record checks, which will show DWI charges and arrests
- Insurance companies can classify you as high risk, thus drastically increasing premiums
- Even one conviction can negatively impact future employment opportunities
Can I Obtain a Conditional or Hardship License in New York?
In the event you are convicted of a DWI in New York, you may be eligible to receive a conditional driver’s license. This allows certain individuals to retain some of their driving privileges, like driving to school or work, after a DWI suspension. However, the rule differs for CDL holders.
As such, conditional driver’s licenses are not applied to commercial driver’s licenses following a CDL DWI disqualification.
Defenses and Legal Strategies for CDL DWIs in New York
In the event you are charged with a DWI after operating a commercial vehicle while over the legal limit, it may feel as though there is nothing you can do. However, based on your circumstances, certain legal defenses may be available to help you fight the charges against you.
Potential Legal Defenses
- Challenging the legal basis for the traffic stop
- Issues with field sobriety or chemical testing
- Failure to ensure that Constitutional rights are upheld
Contact Our Long Island Criminal Defense Law Firm Today
In New York, CDL DWI cases can be complex, as they involve both criminal court proceedings and administrative hearings through the New York Department of motor vehicle. This is why you need an experienced attorney from KCS Law 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 KCS Law to schedule a consultation. We would be happy to assist you.