If you are a commercial driver facing a DWI with a CDL, the stakes are high. A single mistake could jeopardize your livelihood, reputation, and career. A driving while intoxicated conviction could jeopardize your ability to drive commercially, even if the incident happened in your personal vehicle. Fortunately, there are steps you can take to fight back, protect your rights, and minimize the impact on your career.
At Greenspan & Greenspan, we understand the complexities of DWI defense for commercial drivers. Our dedicated Rockland County team is here to offer compassionate, results-driven representation to guide you through this challenging time.
What Happens If You Get a DWI with a CDL?
Commercial driver’s license (CDL) holders are held to a higher standard than other drivers. If you are charged with drunk driving and your CDL is at risk, the consequences can be severe.
- Lower BAC threshold. The legal blood alcohol concentration (BAC) limit for non-commercial drivers is 0.08%. However, CDL holders face a much stricter limit of 0.04% when driving a commercial vehicle.
- License suspension. A conviction can result in a minimum one-year suspension of your CDL. This suspension can happen even if the DWI occurred in your private vehicle.
- Employment challenges. Many employers in the trucking and transportation industries have zero-tolerance policies for alcohol-related offenses. In other words, a DWI, even while driving your personal vehicle, could cost you your job.
- Permanent record. A DWI conviction stays on your driving record and can affect your ability to secure future employment.
These penalties reflect the heightened responsibility of CDL drivers. With such harsh potential consequences that could severely impact your financial stability, it’s critical to build a robust legal defense if charged with DUI.
How a DWI Affects Your CDL: New York and Federal Implications
It may come as a surprise to many professional drivers that getting a DWI with CDL can affect their ability to drive commercially. In New York, the law does not distinguish between offenses committed in a private or commercial vehicle when suspending your CDL, meaning a single mistake outside of work could jeopardize your entire career.
Federal law (49 CFR § 383.51) mandates the disqualification of commercial drivers for any drunk driving offense, regardless of whether it occurred in a personal or commercial vehicle. When a New York State commercial driver applies for or renews their CDL, their driving history is subject to scrutiny through the Federal Motor Carrier Safety Administration’s Drug and Alcohol Clearinghouse. This system flags any prior DWI convictions, which can lead to severe consequences.
Potential Penalties
If convicted, CDL holders in New York face penalties including:
- A one-year disqualification from commercial driving for a first offense;
- Lifetime disqualification for a second offense; and
- Significant fines, court costs, and higher insurance rates.
These federal and state penalties emphasize the importance of acting quickly and seeking an experienced commercial driver DWI lawyer as soon as possible.
Why You Need a Commercial Driver DWI Lawyer
A DWI defense for commercial drivers is more than just addressing the criminal charge—it’s about safeguarding your future. A knowledgeable attorney can mitigate the impact of a DWI by employing a strategic defense tailored to your situation. Here are other key benefits of working with a qualified lawyer:
- In-depth legal knowledge and skills. Attorneys understand the nuances of state and federal regulations. They can comprehensively protect your rights throughout the process and work to get you the best outcome possible.
- Protecting your livelihood. Losing your CDL can mean losing your income. A lawyer will fight to minimize penalties and preserve your ability to work.
- Challenging the evidence. An attorney can identify flaws in the prosecution’s case. They can question the legality of the police stop, the validity of field sobriety tests, dispute breathalyzer results, and more.
- Negotiating alternatives. Sometimes, an attorney can secure reduced charges, probation, or participation in diversion programs to avoid a conviction.
- Peace of mind. An attorney reduces the stress of navigating complex legal processes. Having skilled representation takes the guesswork out of the process and lets you know that you are doing all you can to strengthen your chances of a favorable outcome.
By hiring an attorney, you demonstrate to the court and your employer that you are taking the charges seriously and are committed to resolving them responsibly.
The Greenspan & Greenspan Difference
At Greenspan & Greenspan, we have decades of experience defending clients facing DWI with a CDL charge in Rockland County, NY. Our comprehensive legal representation involves the following:
- Investigate your arrest. We carefully investigate every detail of your case, from the traffic stop to BAC testing. We will ensure no violation of your rights goes unchecked.
- Challenge evidence. From improperly calibrated or maintained breathalyzers to lack of probable cause, we’ll work to exclude unreliable evidence. If the court excludes enough critical evidence, we will work to get your case dismissed or your charges reduced.
- Negotiate alternatives. As stated, depending on the circumstances, we can negotiate for reduced charges. Alternatively, we can negotiate with the prosecutor to get you enrolled in a diversion program to avoid a conviction.
- Represent you in court. If your case goes to trial, we’ll advocate fiercely for the best possible outcome.
Each step will help you secure the best outcome to protect your license, career, and future. With us, you will have a trusted guide.
- Proven track record. We’ve successfully defended countless commercial drivers against DWI charges, helping them protect their licenses and livelihoods.
- Personalized attention. Each case is unique. Therefore, we take the time to address your concerns and tailor our approach to meet your specific needs.
- Community focus. Serving the Rockland County community for over 50 years, we value building strong relationships with our clients and delivering exceptional service.
We represent drivers charged with DWI for operating a commercial vehicle with a BAC as low as 0.04% and off-duty commercial drivers charged with a BAC of 0.08% or higher.
Our team is dedicated to providing you with the highest level of representation and support throughout your legal proceedings.
Get Back on the Road with Greenspan & Greenspan
A single mistake doesn’t have to define your career. You can overcome a DWI charge with the right legal defense. At Greenspan & Greenspan, we bring decades of experience, in-depth knowledge of New York DWI and traffic laws, and a client-focused approach to every case.
Your career is worth defending. Call us today or complete our online contact form to schedule a free consultation.
FAQs
Can I Lose My CDL for Life After a DWI?
A second DWI conviction in New York can result in a lifetime CDL ban. Acting quickly to protect your license after your first offense is essential.
Can I Drive a Non-Commercial Vehicle If My CDL Is Suspended?
Yes, as long as your standard license is valid. However, a DWI can jeopardize both. Consult with an attorney to determine if you can drive and for help getting your driving privileges restored.
What Are the Costs of Fighting a DWI with a CDL?
Legal fees and associated costs vary based on the complexity of your case. However, the potential loss of income and career opportunities makes investing in a qualified attorney worthwhile.
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