Consequences of a DWI with a Commercial Driver’s License (CDL)

If you hold a Commercial Driver’s License (CDL), you likely drive for a living and have demonstrated mastery of the knowledge and skills required to operate a commercial vehicle safely. As a professional driver, you are held to a higher standard than others on the road.

If you have a CDL and were charged with DWI, the consequences can be particularly severe. A conviction could jeopardize your livelihood. To protect your rights, your future, and your ability to earn a living, you need an experienced and tenacious DWI defense lawyer.

New Jersey DWI defense attorney John C. Iannelli has represented people accused of drunk driving and other crimes for more than 30 years. He is a talented and sought-after criminal defense attorney who takes an aggressive approach to criminal defense and has earned a reputation for achieving outstanding results on behalf of his clients. To put his experience and expertise to work for you, contact Iannelli Law today.

Understanding Charges of DWI with a Commercial Driver’s License

The state of New Jersey takes a particularly tough approach to commercial drivers charged with DWI. A CDL holder can be convicted of DWI if they have a Blood Alcohol Concentration (BAC) that is half of that for typical drivers. In addition, commercial drivers face an automatic 1-year license suspension for a first-time DWI conviction.

Blood Alcohol Content (BAC) for CDL Holders

Normally, a driver in New Jersey can be convicted of a per se DWI if they have a BAC of .08% or higher. A CDL holder who is actively driving a commercial vehicle can be charged with DWI with a BAC of .04%.

For a CDL holder driving a passenger vehicle who is stopped on suspicion of DWI, the .08% BAC level still applies.

Automatic 1-Year Driver’s License Suspension

A CDL holder convicted of a first-time DWI will receive an automatic 1-year CDL revocation in addition to the 3 to 13-month basic driver’s license suspension. Drivers charged with DWI while hauling hazardous materials could lose their CDL for up to 3 years. A second DWI charge can lead to a lifetime CDL disqualification, even if the offense occurred in a personal vehicle.

Chemical Testing Is Mandatory for CDL Holders

Under federal law, commercial drivers are required to submit to a chemical test after a crash. A CDL holder who refuses the test will lose their driver’s license for one year (three years if they were hauling hazardous materials).

Consequences of a DWI with a CDL

The penalties for a DWI with a CDL can be severe. For a First-Offense DWI with a CDL, penalties include:

• A 1 year CDL revocation
• A 3 month basic driver’s license suspension
• A fine of $250 to $400
• Mandatory attendance at an Intoxicated Driver Resource Center (IDRC) for between 12 and 48 hours
• Up to 30 days in jail

For a First-Offense DWI with a CDL and a BAC greater than .10%, penalties include:

• A 1 year CDL revocation
• Suspension of your basic driver’s license for 7 months to 1 year
• A fine of $300 to $500
• Up to 30 days in jail
• Attendance at an IDRC for 12 to 48 hours

For a Second-Offense DWI with a CDL, penalties include:

• Suspension of your basic driver’s license for 2 years
• A fine of $500 to $1,000
• 48 hours to 90 days in jail
• Attendance at an IDRC for 12 to 48 hours
• 30 days of community service
• A lifetime CDL disqualification

In addition to fines, a driver’s license suspension, and mandatory attendance at an IRDC, you could also:

• Lose your job
• Be unable to find future employment in your field
• Face increased car insurance premiums
• Lose the ability to earn a living and provide for your family

Defending Against Charges of DWI with a CDL

Defending against a DWI charge is stressful enough. It becomes even more so when your livelihood is on the line. Iannelli Law can evaluate the circumstances of your arrest and prepare a vigorous defense against the DWI charges. Common defenses to DWI charges include:

1. No Probable Cause. The police officer must have had probable cause to believe you committed a crime before they can charge you with DWI. Challenging the basis for the traffic stop could lead to exclusion of evidence of your alleged intoxication.
2. Field Sobriety Tests Are Unreliable. When a police officer suspects a driver is under the influence of drugs or alcohol, they will ask the driver to perform various Field Sobriety Tests. The test results should be excluded if the police officer did not follow the proper standards for conducting the tests.
3. BAC Tests Inaccurate. If the machine used to test your BAC was not calibrated, the test sample was stored improperly, or the test was not administered correctly, the court should not consider the test results.

Charged with DWI? Iannelli Law Can Help

The consequences of a DWI with a CDL can be severe. Don’t leave your future to chance. John C. Iannelli has been in practice since 1992 and has dedicated his career to defending people accused of crimes in South Jersey. He takes an aggressive approach to every case he takes on and will work to obtain the best result he can in your case. Contact our law office today to schedule an appointment to discuss your situation.