DUI: Special Issues for CDL Drivers

Obtaining a CDL license is a significant career move. CDL drivers rely on their licenses for employment and supporting their loved ones. As devastating as a DUI conviction is for ordinary drivers, it is amplified for CDL holders.

There are a few discrepancies in how New York treats regular drivers charged with a DUI and CDL holders that are charged with a DUI. An experienced lawyer will understand what and how to argue in light of these.

Firstly, while the threshold DUI BAC for regular drivers is 0.08%, CDL drivers are imposed a maximum threshold of 0.04% BAC. This reduced limit applies to a CDL holder even when they are not driving in their professional capacity. For example, if a CDL holder was driving their personal vehicle from a friend’s house and had a BAC of 0.06%, they would be charged with a DUI and face misdemeanor penalties. However, a regular driver in the same situation with the same BAC would be charged with a DWAI, and would not face criminal penalties.

In regard to the penalties, a first offense carries up to a year in jail, fines from $500.00 to $1,000.00 and license suspension for one year. A second offense can lead to a jail sentence anywhere from 5 days to 4 years, fines from $1,000.00 to $5,000.00 and permanent license suspension. As a collateral penalty, CDL holders are not eligible for conditional licenses.

The penalties are not limited to the above paragraph. Depending on the facts of the arrest and personal driving history, a driver can face additional consequences. For example, leaving the scene of an accident, property damage or any felony involving the use of a vehicle will all be counted against the driver. Another factor is whether or not the vehicle was hauling hazardous chemicals. These factors, among others, can result in anywhere from a three year to ten year license revocation, even from a first time offense.

As a CDL driver it is critical to know that the odds are stacked against you. If you find yourself facing a DUI charge as a CDL holder it is in your best interest to consult an experienced traffic attorney to advise you through the process. Traffic attorneys with CDL experience know which pleas you should accept, if any. They will review discovery for any circumstances that will help the situation and employ procedural tactics when available. Ultimately, an experienced traffic attorney will know how to mitigate the long lasting effects of any CDL related DUI charge