If you have been caught driving under the influence of drugs or alcohol while driving a commercial vehicle, you are likely facing serious penalties that have the possibility to negatively affect your life for a long time. Continue reading to answer any questions you might have regarding DWIS with commercial driver’s licenses. Reach out to us today to learn how we can walk you through the legal process.
What is considered a commercial vehicle in New York?
New York defines the following vehicles as commercial vehicles:
- Vehicles that are used to transport 15 or more passengers
- Vehicles that are designed to transport certain hazardous materials
- Vehicles that have a gross weight rating of more than 26,000 pounds
- Vehicles that are defined by the Vehicle and Traffic Law as a bus
What will happen after receiving a first-offense DWI with a CDL?
You will only need a BAC of .04% to be charged with a DWI as a commercial driver. This should not be confused with a BAC of .08% or greater for non-commercial driver DWIs. Receiving one DWI with a commercial driver’s license could risk losing your license for one year. This is especially true if you refuse to submit chemical testing. In the case that you refuse chemical testing, you will likely lose your commercial driver’s license for 18 months. You can lose your commercial driver’s license for up to three years if you were transporting hazardous materials while you received your DWI. Once your commercial driver’s license is suspended, your standard driver’s license will also be suspended.
What will happen after receiving a second or subsequent CDL DWIs?
If you have received a second or subsequent DWI while operating a commercial vehicle, you will likely lose your CDL for at least 10 years time. On top of losing your license for at least 10 years, you will also face high fines and a standard license suspension. These penalties are viewed as career-ending penalties. This is why it is important to reach out to an experienced attorney with criminal defense experience to fight for your rights.
Can I get a conditional license after receiving a DWI with a CDL?
It is common for people who have been charged with a DWI to seek a conditional license. A conditional license would be used for commutes to work or drives to school. However, if you have been convicted of a DWI with a CDL, you are no longer eligible for a conditional license.
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.