New York courts are strict on all those charged with DWIs, however, if you are a commercial driver and have received a DWI, you face very serious consequences that may impact your life for years to come. Please continue reading and speak with our experienced Rockland County criminal defense attorney to learn more about CDL DWIs and how we can help you fight them. Here are some of the questions you may have:
What is the definition of a commercial vehicle?
The qualifications for a vehicle to be designated a commercial vehicle in New York State are as follows:
- Vehicles with a gross weight rating of more than 26,000 pounds
- Vehicles defined by the Vehicle and Traffic Law as a Bus
- Vehicles that are used to transport 15 or more passengers
- Vehicles made to transport certain hazardous materials
What happens if I get a first-offense DWI with a CDL in New York?
New York State is even stricter in terms of DWI penalties when it comes to individuals with commercial driver’s licenses. If you are caught operating your vehicle with a BAC of .04% or higher, your CDL will most likely be revoked for one year. That being said, if you were caught transporting hazardous material at the time you received a DWI, you will most likely lose your CDL for three years. If you choose not to submit to chemical testing, you will most likely lose your commercial driver’s license for up to 18 months. What’s more, your standard driver’s license will most likely also be revoked, however, for perhaps less time than your commercial driver’s license.
What are the penalties for a second or subsequent CDL DWI offense in New York?
If you receive a second CDL DWI in New York, you will most likely lose your CDL for at least 10 years, face heavy fines, and also lose your regular license. Do not make the mistake of facing these charges without an attorney by your side.
Can I obtain hardship or conditional driving privileges after getting a DWI with a CDL?
In many cases, after receiving DWIs, many people request hardship licenses that allow them to travel to and from work and school. If you are convicted of a DWI with a CDL, you will not qualify for a conditional license. Our firm is here to protect you from a very serious conviction–all you have to do is ask.
Contact our experienced Rockland County firm
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.