Commercial drivers are usually responsible, professional members of our workforce. However, if a commercial driver makes one mistake and gets behind the wheel after having one drink or more, he or she may face serious ramifications if caught doing so. If you have been charged with a CDL DWI, here are some of the questions you may have:
What defines a commercial vehicle?
Commercial vehicles can be defined by four basic criteria. They are as follows:
- Vehicles designed to transport 15 or more passengers
- Vehicles used to transport hazardous materials
- Vehicles with a gross weight rating of more than 26,000 pounds
- Vehicles defined by the Vehicle and Traffic Law as a Bus
What are the consequences of a first-offense DWI with a CDL in New York?
If you receive a DWI in New York State while you are operating a commercial vehicle with a blood alcohol content of 0.04%, you may be facing several serious penalties. Your CDL will most likely be revoked for one year. In some cases, if you were transporting hazardous material at the time, you can even lose your CDL for three years. If you failed to submit to a chemical test, you are looking at a CDL revocation of 18 months. Your regular driver’s license may very well also be impacted by a DWI while operating a commercial vehicle, though for perhaps a lesser duration of time than your CDL license.
What are the penalties for a second or subsequent CDL DWI offense in New York?
If this is your second time being convicted of a DWI with a CDL, you are most likely facing a license revocation of at least 10 years. The courts will not go easy on you–you will be facing heavy fines and will most likely lose your way of life as a commercial driver. This is why if you find yourself facing a second DWI with a CDL, you cannot wait. You must hire an experienced attorney who is ready to combat these charges as soon as you can.
Can I obtain hardship or conditional driving privileges after getting a DWI with a CDL?
There are no hardship or conditional driving privileges allowed after being convicted of a DWI with a CDL. While some regular DWI’s allow for conditional licenses to get to and from work or school, this is not the case if you are a commercial driver. If you are facing a CDL DWI, you may not receive said privileges until the resolution of your case and the end of your sentence is imposed.
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.