DWI and Your Commercial Driver’s License

Penalties for DWI under New Jersey law can be severe, but the potential penalties are particularly tough if you hold a commercial driver’s license (CDL). Since commercial vehicle drivers spend so many hours behind the wheel, the law holds them to a higher standard than regular drivers. As a result, drivers who hold CDLs are subject to much more stringent blood alcohol content (BAC) limits and automatic license suspensions than those drivers who hold regular driver’s licenses. Without a valid CDL, drivers cannot work, leaving them without a job or a means of supporting themselves.

BAC and Commercial Driver’s Licenses

Under New Jersey law, adults typically may not drive with a BAC of more than .08%. However, an adult with a CDL driving a commercial vehicle may not have a BAC of more than .04%, which is only half the BAC level for regular drivers. As a result, a commercial vehicle driver can drink only half as much as a personal vehicle driver, which can be a very small amount of alcohol, and commit DWI in New Jersey.

Potential Penalties for DWI When You Hold a CDL

The primary distinction between a DWI when you hold only a regular driver’s license and a DWI when you hold a CDL is that you could be subject to two separate license suspensions. More specifically, you will face a suspension of your CDL, and you might face a suspension of your regular driver’s license, depending on the situation.

First Offense CDL DWI Penalties

The most severe penalty for a first-time DWI when you hold a CDL is an automatic one-year suspension of your CDL. As a result, you will be unable to drive a commercial vehicle for one year, which makes you unable to work, or at least work driving a commercial vehicle.

However, the impact of a first-time DWI no longer results in a lengthy suspension of your regular driver’s license. If your BAC was at least .08% and no more than .099%, you must install an ignition interlock device on your vehicle for 30 days. Therefore, your regular license remains suspended until you can install an ignition interlock. Once the device is installed, you can drive a non-commercial vehicle.

Even if you receive a DWI in your personal vehicle instead of a commercial vehicle, you will face an automatic one-year CDL suspension. In other words, you will have a CDL suspension even though you were not driving a commercial vehicle, working, or doing anything work-related. However, in this situation, the higher threshold of a 0.8% BAC determines whether you commit a DWI offense since you are driving a personal rather than a commercial vehicle.

Furthermore, you could face the other penalties that you can receive for a regular first-time DWI, which may include:

• $250 – $400 in fines;
• 12 – 48 hours at an intoxicated driver resource center (IDRC); and
• A maximum of 30 days in jail.

If your BAC measured .10% or higher, you are subject to enhanced penalties in addition to the one-year automatic CDL suspension. Specifically, you must maintain the ignition interlock device on your vehicle for seven to 12 months and pay $300 to $500 in fines. You also could spend 12 – 48 hours at an IDRC and a maximum of 30 days in jail.

Finally, if your BAC measured more than .15%, you will face a driver’s license suspension of four to six months in addition to the requirement that you install an ignition interlock device on your vehicle. Even after the suspension of your regular license is lifted, you will have to maintain the ignition interlock device for an additional nine to 15 months.

Second Offense CDL DWI Penalties

Predictably, the penalties for a second DWI for a CDL holder are even worse. You must forfeit your CDL for life; you will never be able to get a CDL again. Additionally, you will be subject to a minimum one-year suspension of your regular driver’s license, $500 to $1,000 in fines, and 12-48 hours at an IDRC. You also will be required to maintain an ignition interlock device for two to four years. Finally, you could spend anywhere from 48 hours to 90 days in jail and be ordered to perform 30 days of community service.

How will a DUI affect my commercial driver’s license?

Call Us Today for the Legal Assistance You Need

At Rosenberg, Perry & Associates, LLC, we understand the complexities of New Jersey DWI laws and how they can impact your commercial and personal driver’s licenses. Various defenses may be available to you, depending on your circumstances. We will work to determine the best strategy and defense to reach the most positive resolution possible in your case. Call us today at (609) 216-7400 or contact us online to schedule a time to speak with us about your case.