DWI for Commercial Drivers
If you are a driver of a commercial vehicle and have been arrested for a DWI, you may be worried about your driving privileges moving forward and what penalties you could face. Our New York DWI lawyer explains important things to know regarding a DWI for commercial drivers.
DWI for Commercial Drivers | 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. 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 affects on your career and family.
DWI for Commercial Drivers | 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.
DWI for Commercial Drivers | 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.