Could I lose my CDL for a DWI charge?




    A DWI can have serious consequences and negatively impact your life. However, if you have a commercial driver’s license (CDL) the consequences you face will be worse. CDL holders are held to a higher standard because they are operating large rigs that must be driven properly to ensure everyone on the road’s safety. DWI charges are serious criminal offenses. If you possess a CDL and are charged with a DWI, contact an experienced Garden City, NY DWI/DUI Attorney who can defend your rights and interests.

    What is a commercial driver’s license (CDL)?

    A commercial driver’s license (CDL) is a specialized license that allows individuals to operate commercial trucks that are 26,001 lbs or more. These types of trucks may transport hazardous or nonhazardous materials. If they do transport hazardous materials, they will need to display a placard. The only way you are legally allowed to be a truck driver is if you acquire a CDL. To acquire this type of license, an individual must fulfill various safety requirements through road skills tests to ensure they can properly operate the large vehicle without endangering anyone else on the road. To obtain this type of license you must already have a standard-issued license and be at least 18 years of age. CDL possessors are held to a higher standard than other drivers on the road. This is because if these trucks are not driven properly and safely, catastrophic injuries and accidents can occur.

    What happens if you are charged with a DWI as a CDL holder?

    If you have a CDL and are charged with a DWI you will face serious penalties that could result in license revocation, license suspension, high fines, and possible jail time.

    In New York, DWIs are a serious criminal offense. If a police officer suspects you driving while intoxicated (DWI), they will pull you over and request a urine, blood, or breath sample to test your blood alcohol content (BAC). New York enforces an informed consent law. Meaning, individuals operating a vehicle are giving prior consent. Therefore if you are operating a vehicle and are asked to give a chemical test, you must comply. However, if their demand is met with refusal, you could potentially face an automatic license suspension and a fine of $500. Nonetheless, if you are operating a vehicle with a BAC of .08% or higher, you are over the legal limit. However, if your operating a commercial truck with a CDL and have a BAC of .04% or more, you will be convicted of a DWI. This is because CDL holders are held to a higher standard than other drivers on the road.  If this is your second offense, you could lose your CDL for up to 10 years. If this is your third offense, you risk permanently losing your CDL. Individuals with CDLs face worse penalties than other drivers charged with DWIs.

    In the unfortunate event that you are charged with a DWI as a CDL holder, reach out to one of our skilled and determined attorneys. Our remarkable team members can represent and defend your interests.

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