Defending Commercial Drivers Against DWI Charges In New York City
Being arrested for driving while intoxicated (DWI) in New York is expensive for anyone, but even more so for commercial driver’s license (CDL) holders. A DWI conviction can cost a professional driver their job and their income. At Joey Jackson Law, PLLC., we understand how much you have at stake. You can rely on us to apply our inestimable experience to your case and aggressively defend your right to drive and earn a living.
CDL holders typically earn their living driving, logging thousands of miles a year hauling freight or passengers in large vehicles. Because of the potential to create great harm, they are held to a higher standard by New York DWI laws.
Joey Jackson Law, PLLC., promises sound legal advice in the criminal courts of New York City and surrounding counties. We know the DWI laws, and we also know how to counter all types of police evidence and prosecutorial tactics. You can count on us to provide a compelling defense and to stand fast until we are confident we have gotten the best possible result for you.
New York Laws On CDL DWI While Operating A Commercial Vehicle
When a CDL holder is operating a personal vehicle, the same rules apply as if you were not a CDL holder. Please note that offenses committed by a CDL holder while driving a personal vehicle will be counted when calculating repeat-offender sanctions specific to your CDL.
When a CDL holder is operating a commercial vehicle, the BAC standards are stricter. You can be charged with one of three offenses if you have alcohol in your system:
- CDL DWAI/Level 1 if your BAC is .04 to .06. This is only a traffic violation under NY Vehicle & Traffic Law 1192.5.
- CDL DWAI/Level 2 if your BAC is over .06 but less than .08. This is a misdemeanor under NY Vehicle & Traffic Law 1192.6.
- CDL DWI if your BAC is .08 or higher. This is a misdemeanor under NY Vehicle & Traffic Law 1192.2.
Penalties For CDL DWI In New York
If you have no prior DWI-related offenses in-state or out-of-state, and you are at least 21 years old, the following sanctions will apply:
- CDL DWAI/Level 1 – You will be issued a CDL out-of-service order for 24 hours. You will also face the standard penalties for a regular DWAI/alcohol offense as shown on the Penalties page.
- CDL DWAI/Level 2 – CDL revocation for 1 year. You will also face the standard penalties for a regular misdemeanor DWI, except that the maximum fine is higher ($500 to $1,500) and the maximum jail time (up to 180 days) is lower.
- CDL DWI – CDL revocation for 1 year, plus the standard penalties for a regular misdemeanor DWI on the Penalties page.
- Any of the above offenses while transporting hazardous materials – CDL revocation for three years, plus the standard penalties for a regular misdemeanor DWI on the Penalties page.
- CDL aggravated DWI with BAC over .18 – CDL revocation for 1 year. Whereas this type of aggravated DWI is only a misdemeanor in a personal vehicle, it is a Class E felony in a commercial vehicle. See Penalties page for Class E felony penalties.
Note that, in addition to the CDL revocation described above, your regular driver’s license will also be subject to a period of suspension or revocation as explained on the Penalties page.
Refusal Of Chemical Testing By A CDL Holder
If you refuse chemical testing when operating a personal vehicle, your CDL will be revoked for a minimum of 12 months and you will owe a minimum fine of $500.
If you refuse chemical testing when operating a commercial vehicle, your CDL will be revoked for at least 18 months. If you were transporting hazardous materials, the minimum revocation period is 36 months.
A second refusal, or a refusal when you have a prior DWI-related conviction, will result in your permanent disqualification from operating a commercial motor vehicle, although you may be able to get your CDL back after 10 years under certain conditions. A third violation will result in permanent disqualification with no exceptions.
Contact Our Team For CDL DWI Defense
When your livelihood depends on driving, you cannot afford to make the wrong choice of a DWI defense attorney. For the aggressive defense you need, contact the Manhattan office of Joey Jackson Law, PLLC., at 833-563-9522. We have obtained many positive results for clients facing DWI charges in the Bronx, Brooklyn, Manhattan, Queens, Nassau County, Rockland County, Suffolk County and Westchester County.