What do I Need to Know About Being Charged With a DWI as a Commercial Driver?



    It is illegal for all people to drive a vehicle while they are intoxicated. Doing so can result in a variety of consequences. If a person has a Commercial Driver’s License (CDL), they can be charged with a DWI and be subject to their own set of penalties as a result. Continue reading below to learn more and retain the services of an experienced New York criminal defense attorney for assistance if you are facing these charges.

    What is a Commercial Vehicle?

    In the state of New York, a vehicle is designated as commercial if it meets one of the following qualifications: 

    • It has a gross weight rating of more than 26,000 pounds
    • It is defined by the Vehicle and Traffic Law as a Bus
    • It is used to transport 15 or more passengers
    • It transports certain hazardous materials

    What are the Consequences of a First Offense?

    Commercial drivers can be charged with a DWI if their blood alcohol concentration is .04% or higher. For their first offense, the driver could have their CDL revoked for one year. In addition to this, if they were transporting hazardous materials at the time of the incident, the revocation can last up to three years. In the event that the driver refused to take a breathalyzer test, it could possibly lead to a license revocation for 18 months in addition to their standard license as well. 

    What are the Consequences of a Second or Subsequent Offense?

    Commercial drivers who are charged with a DWI for a second or subsequent time can face more serious charges than that of their first offense. For example, it is possible to lose their CDL for at least 10 years, face hefty fines, and possibly even lose their standard driver’s license for some time as well. In some cases of subsequent offenses, it can result in the permanent loss of their CDL. 

    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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