What are the Penalties for a DWI With a Commercial Driver’s License in New York?

Accel Admin   September 11, 2019   Comments Off on What are the Penalties for a DWI With a Commercial Driver’s License in New York?

We rely on our commercial drivers all over the country. Generally, they conduct themselves responsibly and with integrity. However, sometimes all a commercial driver has to do is make one mistake, and it may impact the rest of his or her life. If you are a commercial driver and have been charged with a DWI, there is a very good chance your commercial driver’s license may be in jeopardy. This is why it is so important you hire a knowledgeable attorney who can aggressively fight these charges, and read on to learn more about DWI’s with CDL’s. Here are some of the questions you may have regarding your legal options going forward:

What are commercial vehicles?

Commercial vehicles can be defined within a few simple bullet points. They are as follows:

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

What are the penalties for a first-offense DWI with a CDL?

In New York State, you can receive a DWI if you are pulled over with a Blood Alcohol Content, or BAC, of 0.04%. In this situation, your CDL may be revoked for one year (or 3 years if you were transporting hazardous material. Additionally, if you refuse to submit to a chemical test, your license will most likely be revoked for 18 months. Your regular driver’s license may also be revoked or suspended, though perhaps for lesser time than your CDL.

What are the consequences of a second or subsequent CDL DWI offense?

If this is your second or subsequent offense, meaning you have been convicted of a DWI more than one time, the consequences you may face are severe. With a second CDL DWI, you risk getting your license revoked for at least 10 years, and a subsequent offense will most likely result in a permanent revocation of your license.

Is there hardship or conditional privileges available for a CDL?

There are not. Sometimes, when you are charged with a regular DWI, you will be granted either hardship or conditional driving privileges, which allow you to travel to work, school, and certain other basic places of that importance. However, if you face a CDL DWI, you may not receive these privileges for your job as a commercial driver until the resolution of your case, and the end of your sentence is imposed.

Contact our experienced New York 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.