Are you facing a CDL suspension due to a DWI? You may be worried about how this is going to affect your life. To minimize the consequences, please contact New York DWI lawyer Carl Spector for a free, confidential consultation.
New York DWI Lawyer Defending Against CDL Suspension
Compared to other drivers, every driver holding a commercial drivers license (Class A, B, or C) is held to stricter Blood Alcohol Content (BAC) standards, and faces tougher penalties, while operating a vehicle that requires a CDL license. If you have a CDL, all it can take is one beer and your career can be ruined. New York commercial drivers license suspension lawyer Carl Spector understands that a DWI conviction for a CDL holder can have devastating affects on your career and family.
We will employ our 30+ years of considerable knowledge, experience and skill to get you the best possible result in this trying and stressful time. If you are facing a commercial drivers license suspension in New York, contact us today to schedule a free, confidential consultation. We have helped countless CDL holders retain their driving rights in New York. Let our experience work for you.
CDL DWI Conviction Penalties
- A single conviction for DWI, DWAI or having a .04 percent or higher BAC requires a minimum 1-year revocation of the driver’s license (3 years, if driving a vehicle that requires hazardous materials placards).
- A second conviction within the driver’s lifetime results in permanent revocation, with a possible waiver after 10 years.
- A third conviction results in a permanent revocation without any possibility of ever getting it back. Drivers who hold a commercial license should review the Commercial Driver’s Manual (CDL-10), available at motor vehicle offices, for additional information about penalties that apply to them.
DWI or Driving With Impairment
- Having blood alcohol content of 0.08%and you’re 21 years old or older.
- Having blood alcohol content of 0.04%and you’re driving a commercial motor vehicle.
- Having blood alcohol content of 0.02%and you’re younger than 21 years old.
DWAI or Driving While Ability Impaired
- Having blood alcohol content of over 0.05% and up to 0.07%, or other evidence of impairment.
- For drivers of commercial motor vehicles who are under age 21, blood alcohol content of 0.02% or other evidence of impairment.
Conditional License | CDL Suspension
In the State of New York, if you are charged with a DWI, you are required to appear before a judge for an arraignment. At that time, if your blood alcohol content is 0.08% or more, the judge will suspend your driving privileges or your driver’s license, if you are licensed in the state of New York, while your case is pending. In such a situation, there is something called a conditional license. You are not entitled to a conditional license immediately after the judge suspends you at the arraignment. However, you are entitled 30 days later to go to the Department of Motor Vehicles and acquire a conditional license. It is important to note, however, that conditional driver’s licenses are not permitted for commercial driver’s licenses.
What are Miranda rights?
In New York, if you are charged with a DWI, there will more than likely come a time when the police officer will sit you down and read you your Miranda Rights. That will probably come much later than you are expecting. Very often, when you get pulled over, the police officer will ask you a series of questions.
- Where are you going?
- Where are you coming from?
- Have you had anything to drink?
- How much did you drink?
These questions will not be asked after they read you your Miranda Rights. These questions will be asked of you when they pull you over. These questions and the answers you provide are not necessarily subject to Miranda Rights. They are investigatory questions that the courts have allowed those answers to come in as evidence against you because at that point you are not in custody.
However, if you do have the unfortunate experience of getting arrested for a DWI, eventually you will be read your Miranda rights. It will be much later in the process. By then it is likely you will be more tired, but it is critical to understand that your right to remain silent and your right to have an attorney are both very real. Very often, these rights are read to you on a video following which you may be asked questions like “Sir/Ma’am, where were you coming from?” or “Ma’am/Sir, did you have anything to drink?” or “Ma’am/Sir, how much did you drink?” Be aware that you do not have to answer a question. Your case will not go any easier for you if you do. Lying would be a big mistake, but if someone says to you that you have the right to remain silent and then they ask you how much you had to drink, remain silent. Be aware that any answer that you give, the prosecutor will attempt to use against you at your trial.
What are some resolution options besides a DWI conviction?
In the state of New York, a DWI conviction is a misdemeanor. With the consent of the prosecutor and the acceptance by the judge, DWI’s can be dropped down to a DWAI. This charge is a traffic infraction, which carries a shorter period of suspension, no ignition interlock device installation, a smaller fine and most importantly, no criminal conviction.
How can I win my DWI case?
There are many points in a DWI case that can be challenged. The idea is to challenge whatever points in that case that would lead to a successful result. Sometimes you can challenge the stop by the police, sometimes you can challenge the procedures used to give a breath test, and sometimes you can challenge the procedures used by the police to indicate that there was a refusal. The objective is to identify each of the points where a challenge can be made and put your best foot forward into each of those challenges.
What are the repercussions if someone had a vehicle accident and were arrested for DWI?
There aren’t any specific repercussions in the law. However, when someone has been arrested for DWI and there is an accident that precedes the arrest for the DWI, very often the accident is an aggravating factor that may hinder a good plea bargain for the driver who was arrested for the DWI. Prosecutors very often hold that against the individual who was arrested, trying to state that the accident was caused by the person who had the DWI because they were intoxicated.
What will happen if I have multiple DWIs?
In the state of New York if someone has a DWI conviction and then has another arrest for DWI, both of which are misdemeanors within ten years the second one can be elevated to a felony by the prosecutor. This is not an automatic consequence, but it is within the discretion of the prosecutor to treat the second DWI arrest as a felony. As a felony, DWIs are considerably more serious, the consequences are more over-reaching, including the possibility of having to go to state prison for 1-4 years.
If you find yourself facing a CDL suspension due to a DWI charge in New York, we urge you to call our office to arrange a free, no obligation consultation. New York DWI lawyer Carl Spector has over 30 years of experience handling CDL suspension matters and can navigate the nuances of these difficult cases and ensure you get the best possible result for your DWI case.