Many people drive for a living. In many cases, those with a commercial driver’s license (CDL) are held to an especially high standard. Being charged with a DWI can mean losing your license, and therefore, your livelihood. If you are facing charges for a commercial DWI, read on to learn more.
What Constitutes a Commercial DWI?
It is illegal for all drivers to drive while they are intoxicated. According to the New Jersey statute, a CDL driver can be charged with a DWI if their blood alcohol content (BAC) is .04% or more while driving a commercial vehicle. This is in contrast to those with regular licenses who can be charged if they have a BAC of .08% or more.
Penalties for a Commercial DWI in New Jersey?
First-time offenders may face a license suspension for one year. If they were transporting hazardous materials, the driver may not be allowed to operate a commercial vehicle for three years. If they are charged for a second offense for transporting hazardous materials while under the influence, the individual may be prohibited from operating a commercial vehicle at all in the future.
CDL licensed drivers can also be charged with a DWI if they are found driving a passenger vehicle while intoxicated. This can happen if their BAC was .08% or higher. In these situations, offenders can face a suspension of their regular driver’s license for three to 12 months. In addition to this, they can face a commercial license suspension for one year. Second-time offenders can lose their regular license for two years and permanent revocation of their CDL. This can have a major impact on your life, so be sure to speak with an experienced criminal defense attorney as soon as possible.
There are a number of potential defenses when it comes to a DWI. For example, our firm may be able to argue that the stop was illegal, that the arresting officers broke the 20-minute rule, or that the field sobriety tests were conducted incorrectly.
If you are facing charges for a commercial DWI, our firm is here to help. We will advocate for you and explore all possible avenues of defense. Reach out today to speak with a skilled and dedicated criminal defense attorney.
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Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.