Receiving a DWI with a commercial driver’s license can put your future at risk. There are not many things more damaging to a career than receiving a DWI while operating a commercial vehicle. Continue reading to answer any questions you may have regarding this process and its charges. Reach out to our experienced New York criminal defense attorney today to learn more about how we can help.
What is considered a commercial vehicle in New York?
New York defines a commercial vehicle by one or more of the following qualifications:
- The vehicle has a gross weight rating of more than 26,000 pounds
- The vehicle is used to transport 15 or more passengers
- The vehicle is defined by the Vehicle and Traffic Law as a bus
- The vehicle transports certain hazardous materials
What will happen after receiving a first-offense DWI with a commercial driver’s license?
You will only need a BAC of .04% or higher to be charged with a DWI as a commercial driver. This is not to be confused with the .08% BOC or greater for non-commercial drivers. Receiving a first-offense DWI with a commercial driver’s license will likely result in your license being revoked for one year. If you chose to refuse to take a breathalyzer test at the time you were pulled over, you will likely lose your CDL for 18 months. You may lose your commercial driver’s license for three years if you are found to have been transporting hazardous materials at the time of 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 DWIs with commercial driver’s licenses?
After receiving a second or subsequent CDL DWI, you will likely lose your commercial driver’s license for at least 10 years time. On top of losing your license for at least 10 years, you will also face high fines and have your standard license suspended. If you are facing charges such as these, it is essential that you seek the assistance of an experienced New York criminal defense attorney to fight for your rights as you face these potentially career-ending penalties.
Can I get a conditional license after receiving a DWI with a CDL?
It is common for individuals who have received a DWI to seek a conditional license. Conditional licenses are used to commute to work or school. However, if you are convicted of a DWI with a commercial driver’s license, you will no longer be eligible to obtain a conditional license.
Contact our experienced Rockland County firm
Those facing criminal charges in New York need a strong Rockland County defense attorney who knows the ins and outs of the criminal justice system. Fortunately, our firm is ready to put over 30 years of experience to work for you. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation. We are ready to help you go on living life positively, happily, and free from the burdens of a criminal conviction–all you have to do is ask.
