You will face serious consequences for being charged with a DWI with a commercial driver’s license. These consequences may impact your future for many years. If you are facing charges such as these, continue reading to discover the potential penalties for first and second-offense DWIs with a CDL in New York. Do not hesitate to reach out to our experienced criminal defense attorney to learn how we can fight for your rights in court. You do not need to go through this process alone. Our legal team is here to help.
What defines a commercial vehicle?
Commercial vehicles are defined by the following criteria in New York:
- Vehicles with a gross weight rating of more than 26,000 pounds
- Vehicles designed to transport 15 or more passengers
- Vehicles defined by the Vehicle and Traffic Law as a Bus
- Vehicles used to transport hazardous materials
What happens if I get a first-offense DWI with a CDL in New York?
Your commercial driver’s license will most likely be revoked for one year if you are caught operating your vehicle with a BAC of .04% or higher. If you were also caught transporting hazardous material at the time of your DWI, you will likely lose your CDL for three years. On top of these consequences, your standard driver’s license will likely also be revoked. If you choose not to submit to chemical testing, you will likely lose your commercial driver’s license for up to 18 months.
What are the consequences of a second or subsequent DWI with a CDL in New York?
New York does not take DWI penalties lightly when it comes to individuals with commercial driver’s licenses, especially if these charges are subsequent. Penalties for a second or subsequent DWI with a CDL in New York will likely include license revocation of at least 10 years. You will also face heavy fines and will likely lose your career as a commercial driver. You will also likely lose your regular license.
Can I obtain hardship or conditional driving privileges after getting a DWI with a CDL?
It is common for individuals to request a hardship license after receiving a DWI to allow them to travel to and from work and school. However, if you are convicted of a DWI with a CDL, you will not qualify for a conditional license.
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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.