Commercial Driver Charged with DWI
If you are a commercial driver charged with DWI, you are probably worried about your driving privileges moving forward and what penalties you could face. In this article, New York DWI lawyer Carl Spector discusses a few important things to know regarding DWI charges for commercial drivers.
Commercial Driver Charged with DWI | CDL Suspension
Compared to other drivers, every driver holding a commercial driver’s 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. A BAC level of 0.04% is enough to garner a DWI if you are operating a commercial motor vehicle. If you have a CDL, all it can take is one beer and your career can be ruined. New York commercial driver’s license suspension lawyer Carl Spector understands that a DWI conviction for a CDL holder can have devastating effects on your career and family.
Commercial Driver Charged with DWI | Penalties for Commercial Drivers
- 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.
Commercial Driver Charged with DWI | Conditional License
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.