When a person wants to operate a large vehicle such as a bus or tractor-trailer truck, they are required to have a Commercial Drivers License (CDL). This is due to the fact that these vehicles can be dangerous in the event that they are not operated correctly. It is because of this that, just like all other drivers, CDL drivers cannot drive while they are under the influence of drugs or alcohol. This can endanger the lives of many people on the road as well as impact the career of the driver. If this is violated, the driver can be charged with a DWI. Those facing these situations should retain the services of an experienced New Jersey DWI defense attorney for assistance.
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. While the consequences of these charges can vary depending on the circumstances, they are all serious. 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.
It is important to have an experienced attorney at your side when dealing with DWI charges, no matter if it is your first offense or more. This is because there are several different defenses that may be available for your case. This begins with assessing the circumstances of the arrest, as there are times where the stop and the evidence found can be invalidated. Common defenses in DWI cases can include an illegal stop, the failure to abide by the 20-minute rule, the failure to issue Miranda warnings, and improperly administered field sobriety tests.
If you or someone you know was charged with a DWI and wishes to speak with an experienced attorney, contact The Law Office of Kevin T. Conway today.
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