(732) 582-5076What Commercial Drivers Should Know About DWI
No one who drives in New Jersey wants to be convicted for driving while intoxicated (DWI). However, if driving is how you make your living, a DWI conviction can be devastating. If you are a commercial vehicle driver, being convicted of DWI can have severe consequences as it takes away your ability to make a living and support your family.
Due to the long hours spent behind the wheel of a commercial vehicle, commercial drivers are held to a higher accountability standard than other drivers – which means stricter rules and harsher penalties for DWI violations.
The legal limit when you are not in a commercial vehicle is a blood alcohol content (BAC) of 0.08. However, when you are operating a commercial vehicle, the limit is 0.04.
If you hold a commercial driver’s license (CDL) and have been arrested for drunk driving, you must hire an experienced New Jersey CDL DWI lawyer who will fight to have the charges dismissed. Contact The Hernandez Law Firm, P.C. of Toms River, NJ, and ask to schedule a free consultation so that we may assess your case and determine your legal options.
What Happens if a Commercial Driver is Convicted of a DWI?
If you hold a commercial driver’s license, you are subject to CDL rules whenever you drive, even if you’re not working or driving a non-commercial private vehicle.
While New Jersey will not suspend a standard driver’s license for a first DWI offense – as long as your BAC level measured below 0.15 percent – federal law requires any CDL holder who is convicted of a first offense DWI, DUI, or refusing a breath test to surrender the CDL for a period of one year.
Furthermore, if you are convicted of operating a commercial vehicle that contains hazardous materials or displays a hazardous material placard, your CDL will be suspended for three years. Finally, a second DWI conviction will permanently revoke your commercial driver’s license.
You can’t let that happen. To avoid your CDL permanently being revoked, do not enter a guilty plea, and avoid making the mistake of hiring the wrong New Jersey DWI lawyer to represent you.
A second conviction in this state for DWI, DUI, or refusal to test can result in the permanent suspension of your commercial driver’s license – and that is only one of the penalties you’ll face.
Legal penalties are not necessarily the only penalties for a commercial driver for a DWI offense. Your ability to keep your driving job – or to find another one – may be in jeopardy if you are convicted of DWI or DUI or refuse to take a breath test.
If you are a CDL driver arrested on DWI charges, contact our law office immediately to schedule a free consultation to discuss your case and what legal resources suit your needs.
Why Can My CDL License Be Suspended if I Was Charged With DWI While Operating My Personal Vehicle?
CDL holders charged with DWI while operating a personal vehicle face the same consequences as those driving large commercial vehicles. For example, both offenses will result in an individual having their basic driver’s license and their CDL suspended.
If convicted of a DWI in their personal vehicle, a commercial driver will face a three—to 12-month basic driver’s license suspension that runs concurrently with a one-year CDL suspension. Commercial drivers charged with a second DWI will be handed a two-year basic driver’s license suspension and have their CDL permanently revoked.
As a result, commercial vehicle drivers cannot afford to have any type of DWI conviction, whether in their work or personal motor vehicles.
If you operate commercial vehicles for a living and have been charged with a DWI while driving your personal vehicle, you face the same penalties as if you were on the job at the time of the arrest. Therefore, the best way to protect your commercial driver’s license and way to earn a living is to fight a DWI charge with the help of an experienced attorney.
Contact The Hernandez Law Firm, P.C. today for clarification about how DWI penalties can affect your CDL and regular driver’s license.
What is the Best Option if You Are Charged With DWI?
Speaking candidly, if you drive a commercial motor vehicle for a living, a conviction for DWI will probably mean the end of that employment. The best way to avoid a New Jersey DWI conviction – especially if you are a commercial driver – is to fight the charge aggressively.
The state must prove your guilt “beyond a reasonable doubt to convict you of DWI (or any other charge).” The right attorney will know how to cast doubt on the state’s case against you. If you are acquitted or the case is dismissed, you’ll keep your CDL.
Some of the legal strategies that a defense attorney experienced in CDL DWI cases may use include:
- Thoroughly assess the field sobriety and breath test to determine potential discrepancies that could be challenged. In many instances, police officers improperly administer tests, which may result in them being thrown out. In other instances, the equipment used to administer breathalyzer tests is calibrated incorrectly, providing inaccurate test results
- Determine if the police had probable cause to stop your vehicle
Suppose a defense attorney can prove that field sobriety or other tests were improperly administered or that the police lacked probable cause to stop your vehicle. In that case, they can file a motion to suppress or exclude evidence. If the court accepts the motion, the prosecution may have to drop the charges due to lack of evidence.
Regardless of the circumstances of the case, contact our New Jersey CDL defense lawyer, who can provide you with more information about the legal strategies that may be available for your case.
Why is The Hernandez Law Firm, P.C. the Best Choice to Help Commercial Drivers Facing DWI Charges?
The Hernandez Law Firm, P.C. represents commercial drivers after a DWI arrest. Our dedicated team of legal professionals understands that not all DWI cases are what they appear to be on the surface.
For this reason, Steven W. Hernandez represents professional CDL drivers and other New Jersey motorists accused of DWI, DUI, or refusal to test. He is a highly sought-after teacher and speaker, a field sobriety test instructor, and a National College for DUI Defense faculty member.
He is also the author of “New Jersey DWI Defense, the Law & Practice,” the book used by DWI attorneys throughout the state. Mr. Hernandez is passionately committed to providing aggressive legal representation to help you protect your commercial driver’s license and ability to earn a living.
Since 2004, New Jersey DWI lawyer Steven W. Hernandez has effectively defended commercial drivers who are charged with driving while intoxicated. He knows what it will take to bring your own DWI case to its best possible conclusion.
The Hernandez Law Firm, P.C. has a proven track record of helping professional drivers retain their commercial driver’s licenses, avoid jail time, and keep their driving records clean. Contact our Toms River, NJ, law office today at (732) 582-5076 to schedule a free consultation to learn more about our legal services and how we can help.