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What Happens If I Get a DWI with a CDL in New York?

If you have received a DWI while operating a commercial vehicle, you may face severe penalties. Read on to learn the penalties you may face after being charged with a CDL DWI in New York. If you require assistance from our Rockland County criminal defense attorney, do not hesitate to reach out to our firm today to schedule your initial consultation with our team.

What is a commercial vehicle?

New York State defines commercial vehicles by meeting one of the following qualifications:

  • The vehicle must be defined by the Vehicle and Traffic Law as a Bus
  • The vehicle must be used to transport 15 or more passengers
  • The vehicle must have a gross weight rating of more than 26,000 pounds
  • The vehicle must transport certain hazardous materials

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

New York State does not take DWI charges lightly. If you are a commercial driver in New York and are arrested for operating your vehicle under the influence with a Blood Alcohol Content of .04% or higher, you will likely have your license revoked. If you are found to have been transporting hazardous materials, you will likely lose your CDL for three years. If you refuse to take the breathalyzer test after being pulled over, you will likely lose your CDL for 18 months and will lose your standard license for a period of time as well.

What are the penalties or a second or subsequent CDL DWI in New York?

As a commercial driver in New York, if you receive a second or subsequent CDL DWI, you will likely lose your CDL for at least 10 years as well as your regular license for a period of time. You will also face significant fines for these charges. If you are facing a second or subsequence CDL DWI charge, it is important that you retain the services of an experienced criminal defense attorney. Reach out to our firm to learn more about our services and how we can help.

Can I get a conditional license after being charged with a CDL DWI?

Individuals will often seek conditional licenses that will allow them to commute to work and school after receiving a DWI. However, if you are convicted of a DWI with a CDL, you will not be eligible to obtain a conditional license.


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.

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