Many CDL holders don't realize the devastating consequences to their future that a DWI/DWAI/DUI in ANY state can bring. The amount of BAC necessary to trigger a CDL DWAI while operating a commercial vehicle is only .04. The amount in a non-commercial vehicle is .08 but will still kill your commercial driving privileges for ONE YEAR.
Here are the five things CDL holders charged with any drunk driving charges in New York State must know.
1. ADWI vs. DWI vs. DWAI conviction/disposition:
If a CDL holder is found not guilty of misdemeanor Driving While Intoxicated (DWI) and is convicted of non-criminal Driving While Ability Impaired (DWAI), a traffic infraction, You will still lose your commercial driving privileges for one year whether a ADWI (aggravated) or DWI (.08 or more) or DWAI (less than .08).
NOTE: If you decide to REFUSE (NO BAC Number) to take a chemical test of breath or blood you will still face these consequences.
In addition, all it takes is a .04 BAC to be found guilty of a CDL – DWAI, if you are operating a commercial vehicle. That level of BAC (.04) would not be of any affect to your license if you were operating a regular (non commercial) vehicle.
This is true even though this CDL DWAI and DWAI (non commercial vehicle) are traffic infractions.
2. Hardship License/Conditional License:
The Court may still issue a hardship privilege but it cannot be used with your CDL. The DMV can also issue a pre-conviction conditional license (PCCL), usually thirty days after the suspension pending prosecution, but this will also not allow commercial privileges.
3. A CDL holder convicted of a DWI or DWAI offense you can obtain a limited-use license with non-commercial privileges.
Only if eligible for a pre-conviction conditional license (pre-trial) or a conditional license (post-trial) which require eligibility for enrollment in the (DDP) drinking driver program.
4. CDL Holders have minimum revocation periods for DWI and DWAI.
Commercial driving privileges shall be revoked for a minimum one-year if the CDL holder commits a major traffic offense (MTO):
Conviction for an alcohol (DWI/DWAI) or a driving while impaired by drugs (DWAID) offense while operating any motor vehicle, personal or commercial;
5. Not to scare you but repeat DWI offenders face lifetime CDL revocation.
A CDL holder with commercial driving privileges will be permanently revoked if the CDL holder commits one of the following MTOs:
Refusal to submit to a chemical test while operating any motor vehicle, personal or commercial;
Conviction for leaving the scene of either a property damage or personal injury accident without reporting, while operating any motor vehicle, personal or commercial;
Conviction for an alcohol or a driving while impaired by drugs (DWAID) offense while operating any motor vehicle, personal or commercial;
Conviction for a felony committed within or outside of NYS involving the use of any motor vehicle, personal or commercial; or
Conviction for operating a Commercial Motor Vehicle while his or her CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV, or conviction for causing a fatality through negligent operation of a CMV, including but not limited to, crimes of vehicular manslaughter or criminally negligent homicide.
and the CDL holder has previously:
Refused a chemical test while operating any motor vehicle, personal or commercial, or;
Was convicted for an MTO while operating any motor vehicle, personal or commercial; or,
Was convicted of leaving the scene of either a property damage or personal injury accident without reporting;
Been convicted of an alcohol related operating offense;
Been convicted of committing a felony involving the use of any motor vehicle; or
Operated a CMV while CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV or if convicted for causing a fatality through negligent operation of a CMV, including but not limited to, crimes of vehicular manslaughter or criminally negligent homicide.
You can get additional information on this web site, which includes forms for downloading, at: www.nysdmv.com.
Please Note: The CDL holder’s lifetime revocation can be lifted by the DMV after a period of 10 years has passed. The DMV commissioner will require that the driver show proof of rehabilitation through completed drug/alcohol treatment, a certificate of relief from disabilities from the Court of last conviction, and a clean driving record with no further alcohol/drug related charges including test refusals.
The 9 Most FAQ About NY DWI, here:
The New York Up State DWI Survival Guide, here:
Winning The NYS DWI Refusal Case, here:
Always consult with an attorney about any criminal or
non-criminal charges you have pending to discuss your options and/or defenses.
Originally, born and raised in Brooklyn, NY. My father was a
NYS corrections officer, and my mother a waitress. I now live in Ithaca, NY
with my wife (of 25 years), and four kids. I have a B.S. in Human Biology,
Doctorates in Law and Chiropractic, and a Post Graduate in Acupuncture. I
practiced as a Chiropractic Physician in Florida from 1986 to 1995. I graduated
law school in 1997, and went on to practice trial law in FL, NY, NJ, and PA. I love
practicing criminal defense and injury law within the Finger Lakes Region of
New York State.
Over 90% of the cases that I take on are New York DWI
defense cases. I am certified as a breath tester by the Department of
Transportation, the guidelines of the International Association of Chiefs of
Police (IACP), and the National Highway Traffic Safety Administration (NHTSA).
I am certified in Field Sobriety Tests, and an active member of the National
College of DUI Defense (NCDD). My online materials include over 550 blog posts,
dozens of articles, and over 520 informative videos on my youtube channel.
I have co-authored Strategies for Defending DWI Cases in New
York, in both 2011 and 2013. These are West Thomson legal manuals on New York
State DWI defense, and focus on the best practices for other lawyers handling a
New York DWI case. Included in Strategies for Defending DWI Cases in New York
are materials I provide clients, such as my fee agreement and ways to avoid
misdemeanor probation. I was selected by Super Lawyers as a Upstate New York
2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and
professional standing.
newman.lawrence@gmail.com
607-229-5184
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