There are few things worse for a record and for a person than to be convicted of a DWI. As you know, the potential ramifications of a DWI in New York State are very severe, however, when a commercial driver receives a DWI while performing his or her duties, that driver will face even harsher consequences. If you are a commercial driver who has recently been charged with a DWI in New York State, you must continue reading and speak with our knowledgeable New York criminal defense attorney to learn more about commercial driver DWIs and how our firm can help you fight your charges. Here are some of the questions you may have:
What is a commercial vehicle?
New York State defines the following vehicles as commercial vehicles. If you are charged with a DWI while operating and of the following vehicles, you will most likely receive a commercial vehicle DWI:
- Vehicles that have a gross weight rating of more than 26,000 pounds
- Vehicles that are used to transport 15 or more passengers
- Vehicles that are designed to transport certain hazardous materials
- Vehicles that are defined by the Vehicle and Traffic Law as a bus
What are the penalties for a DWI with a CDL in New York?
If you are a commercial driver and you are charged with a DWI, there is a very good chance that you will face very serious penalties that will not only affect your life, but also your livelihood. The first thing that you should understand is that commercial drivers are held to a higher standard than standard drivers. Regular motorists must have a BAC of .08% or higher to be charged with a DWI, while commercial drivers only need a BAC of .04% or higher to be charged with a DWI. For a DWI with a CDL, you will most likely lose your commercial driver’s license for one year, and you will also lose your standard driver’s license for a period of time. Furthermore, if you are charged with a DWI while operating a commercial vehicle that was transporting hazardous materials, you may lose your commercial driver’s license for up to three years. Those who refuse to submit to chemical testing will most likely lose their CDL for up to 18 months.
What happens if I am convicted of a second DWI with CDL in New York?
For a second DWI with a commercial driver’s license, you will most likely lose your CDL for at least 10 years, face high fines, and face a standard license suspension as well. Our firm is ready to help you fight these charges to preserve your livelihood.
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.