No one who drives in New Jersey wants to be convicted for DWI – driving while intoxicated – but if driving is the way that you make your living, a DWI conviction can be devastating.
Because so much depends on them, and because they spend so many hours behind the wheel, those who drive commercial vehicles in New Jersey 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 0.08. However, when you are operating a commercial vehicle, the limit is 0.04.
WHEN DO CDL RULES APPLY?
Moreover, if your driver’s license is a CDL, you are subject to CDL rules whenever you drive, even if you’re not working and you’re 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.
DON’T MAKE THESE MISTAKES
You can’t let that happen. Do not enter a guilty plea, and don’t make 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’s only one of the penalties you’ll face.
Moreover, for a commercial driver, legal penalties are not necessarily the only penalties 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, DUI, or the refusal to take a breath test.
WHAT’S YOUR BEST OPTION IF YOU’RE CHARGED WITH DWI?
Speaking candidly, if you drive for a living in this state, 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.
To convict you of DWI (or any other charge), the state must prove your guilt “beyond a reasonable doubt.” 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.
THE HERNANDEZ LAW FIRM REPRESENTS COMMERCIAL DRIVERS
Steven W. Hernandez represents professional drivers and other New Jersey motorists who are accused of DWI, DUI, or refusal to test. He is a highly sought-after teacher and speaker, a field sobriety test instructor, and a faculty member with the National College for DUI Defense.
He is also the author of “New Jersey DWI Defense, the Law & Practice,” the book used by DWI attorneys throughout the state.
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.