Individuals who wish to operate a large vehicle such as a bus or tractor-trailer truck, are required to have a Commercial Drivers License (CDL). This is because these vehicles can be dangerous if they are not operated properly. It is because of this that, just like all other drivers, CDL drivers are required to follow the rules of the road. This includes not driving while they are under the influence of drugs or alcohol. If this law is violated, the driver can be charged with a DWI and face certain consequences. Drivers facing these situations should retain the services of an experienced New York DWI defense attorney for assistance.
Consequences of a Commercial DWI
In the state of New York, a driver can receive a DWI charge if they are found operating a commercial vehicle with a blood alcohol concentration (BAC) of 0.04%. If this is the driver’s first offense, they may have their CDL revoked for one year. In the event that they were transporting hazardous materials, the revocation can last up to three years. It is also possible for the individual to have their regular driver’s license revoked or suspended. In addition to this, drivers who refuse to submit a chemical test can lose their license for 18 months.
If a commercial driver receives a second or subsequent DWI offense, they may face more severe consequences than that of their first charge. This can include license revocation for a minimum of 10 years. A subsequent offense can most likely result in the permanent revocation of a license.
DWI Defenses in NY
It is crucial for an individual facing DWI charges to have an experienced attorney at their side. This is regardless of if it is their first offense or third. This is because an attorney can discover possible defenses for the case by assessing the circumstances of the arrest. This is because there are cases in which the stop and the evidence found can be invalidated. Common defenses in DWI cases can include an illegal stop, the failure to issue Miranda warnings, and improperly administered field sobriety tests.
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.