Penalties of DWIs with a Commercial Driver’s License in New York



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    Being charged with a DWI with a commercial driver’s license in New York comes with serious consequences that may impact your future for years to come. If you are facing DWI charges, it is important that you reach out to an experienced criminal defense attorney who will fight for your rights in court. Continue reading to discover the consequences for first, second, and subsequent DWI charges with a commercial driver’s license. If you have any further questions regarding these charges in New York, it is important that you reach out to our firm to discuss your options.

    What defines a commercial vehicle?

    Commercial vehicles in New York are defined by the following criteria:

    • Vehicles designed to transport 15 or more passengers
    • Vehicles defined by the Vehicle and Traffic Law as a Bus
    • Vehicles with a gross weight rating of more than 26,000 pounds
    • Vehicles used to transport hazardous materials

    What happens if I get a first-offense DWI with a CDL in New York?

    You may face the following consequences when being charged with a first-offense DWI charge with a CDL in New York:

    • If you are caught operating a vehicle with a BAC of .04% or higher you will have your commercial driver’s license revoked for one year
    • If you were caught transporting hazardous material at the time of your DWI, you will lose your CDL for three years
    • If you choose not to submit to chemical testing, you will lose your commercial driver’s license for up to 18 months
    • You will also lose your standard driver’s license when charged with a DWI with a CDL in New York

    What are the consequences of a second or subsequent DWI with a CDL in New York?

    New York law does not take subsequent DWIs with a CDL lightly. Penalties for such charges include license revocation of at least 10 years, as well as heavy fines and the loss of your career as a commercial driver. Perpetrators will also lose their regular driver’s license.

    Can I obtain hardship or conditional driving privileges after getting a DWI with a CDL?

    Individuals often request a hardship license after receiving a DWI which will allow them to travel to and from work and school. However, it is important to know that 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.

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