NYC Commercial DWI Attorney

When your livelihood depends on maintaining your Commercial Driver’s License (CDL), facing a commercial DWI charge can be a stressful experience. If you find yourself in this situation, it is essential to have a seasoned commercial DWI defense attorney on your side.

The Law Offices of Mehdi Essmidi has extensive experience defending CDL drivers against DWI charges and safeguarding their rights and careers. Remember, a DWI charge doesn’t automatically mean a conviction or loss of your CDL. With the right NYC Commercial DWI Attorney, you can fight for the best possible outcome. Contact us for a free consultation today.

NYC Commercial DWI Charges

A DWI charge is serious. However, when the charge involves a Commercial Driver’s License (CDL), the stakes are even higher.  If you hold a Commercial Driver’s License (CDL) in New York and are charged with operating a commercial vehicle under the influence of alcohol or drugs, the implications can be particularly severe. As a CDL holder, you are subject to stricter regulations compared to ordinary drivers.

Legal Blood Alcohol Limit for CDL Drivers in New York

The per se illegal blood alcohol content (BAC) limit for most drivers in New York is 0.08%. However, for CDL drivers, the threshold is lower – just 0.04%. Moreover, a CDL driver can face penalties if they refuse to submit to a blood test or other chemical tests when requested by law enforcement.

Penalties for a Commercial DWI Conviction in New York

First Conviction Commercial DWI: Potential Penalties

• Misdemeanor Conviction (unless aggravated circumstances apply)
• Fines: $1,000 — $2,500
• Jail Time: Up to 1 year in jail
• Probation: Possible 3 years of probation instead of jail time

• Commercial Driver’s License (CDL) Suspension: At least 1 year (mandatory)

Second Offense: Increased Penalties and CDL Revocation

• Class E Felony Conviction: A second DWI within 10 years is considered a felony, leading to harsher penalties.
• Fines: $1,000 — $5,000
• Jail Time: Up to 4 years in state prison
• Mandatory Alcohol Screening & Treatment: Required enrollment in Drinking Driver Program (DDP) or similar rehabilitation programs.

• Permanent Commercial Driver’s License (CDL) Revocation: No CDL reinstatement (except in rare cases after 10 years, with proof of rehabilitation).
• Personal Driver’s License Suspension: At least 18 months

Personal Vehicle Driver’s License

The consequences of a commercial DWI conviction don’t stop at your CDL. Such a conviction can also impact your regular driver’s license. Under New York law, a DWI conviction while holding a CDL can lead to the suspension of your personal driver’s license, impeding your ability to drive at all.

Class E Felony for Vehicle Carrying Hazardous Materials

If a commercial driver is convicted of DWI while operating a vehicle carrying hazardous materials, the penalties are significantly more severe than a standard commercial DWI. Under New York law, this offense is classified as a Class E Felony, even for a first offense.

• Class E Felony: Unlike a standard first-offense commercial DWI (usually a misdemeanor), carrying hazardous materials escalates the charge to a felony.
• Fines: $1,000 — $5,000
• Jail Time: Up to 4 years in state prison
• Probation: Up to 5 years if jail time is not imposed.
• Mandatory Alcohol & Drug Treatment: Court-ordered participation in rehabilitation programs.

• CDL Disqualification for At Least 3 Years (First Offense): If the DWI occurred while carrying hazardous materials, federal regulations require a minimum 3-year disqualification.
• Permanent CDL Revocation for a Second Offense: A second commercial DWI results in a lifetime CDL ban.
• Personal Driver’s License Suspension: Minimum 18 months (potentially longer depending on BAC level and prior offenses).

Defending Your CDL DWI Charge in NYC

Facing a commercial DWI charge can feel like a lot, especially when your career and livelihood are at stake. However, remember that a charge does not equate to a conviction. Contact a NYC Commercial DWI Attorney to explore your options.

In New York, law enforcement officers must have a reasonable suspicion to pull a driver over. Following the stop, they must also have probable cause to administer a chemical test like a breathalyzer or blood test. If these conditions weren’t met, it may be possible to suppress the evidence, which can significantly weaken the prosecution’s case.

Regarding chemical tests, New York operates under an “implied consent” law. This means that by holding a driver’s license, you’ve already consented to chemical tests if an officer suspects you of DWI. Refusal can lead to an automatic suspension of your CDL.

Contact Us Today for a Free Consultation

When your career and livelihood are hanging in the balance, you need more than just a lawyer; you need a dedicated advocate who will fight tirelessly on your behalf. We work hard to challenge the legality of the traffic stop, questioning the accuracy of chemical tests, and disputing the handling and preservation of test samples.

Frequently Asked Questions

What are the differences between CDL DWI and a regular DWI?

CDL DWI charges differ from regular DWI charges in many aspects. First, the legal blood alcohol limit for CDL drivers is lower than ordinary drivers. Second, the penalties for CDL DWI are more severe. A DWI conviction can result in a CDL suspension. Moreover, CDL drivers who are convicted of a DWI while driving a vehicle carrying hazardous materials could face a Class E felony charge.

What are the consequences of a commercial DWI conviction in New York?

A commercial DWI conviction in New York can have costly consequences, including CDL disqualification or CDL revocation, fines, and potential jail time. Unlike ordinary drivers, CDL holders are held to stricter New York DWI laws, meaning a blood alcohol content (BAC) as low as 0.04% can result in a DWI charge. A first offense can lead to a one-year CDL disqualification, while a second DWI offense may result in a lifetime ban from holding a commercial driver’s license (CDL).

Can I keep my CDL after a DWI conviction in a personal vehicle?

Under New York DWI laws, a DWI conviction in a personal vehicle can still impact a CDL driver’s ability to work. If a CDL holder is convicted of DWI in New York while driving a personal vehicle, they may face a CDL suspension or CDL revocation, even if their regular driver’s license remains valid. The penalties depend on the severity of the offense, prior history, and whether the DWI charge involved aggravating factors like transporting hazardous materials.

What should a CDL driver do after a commercial DWI charge?

If you are a CDL driver facing a commercial DWI charge, seek experienced legal representation immediately. A DWI defense attorney can assess your DWI case, challenge the breathalyzer or blood test results, and explore legal defenses. Given that a conviction can lead to long-term disqualification from driving commercial motor vehicles, hiring a knowledgeable NYC commercial DWI attorney can help protect your rights.

Should I take a breathalyzer or blood test if stopped for DWI in New York?

Under New York law, refusing a breathalyzer test or blood test during a traffic stop can lead to immediate CDL suspension and additional penalties under traffic law. If a CDL driver refuses a chemical test, they could face a one-year disqualification or more, depending on prior offenses. Consulting a DWI lawyer as soon as possible after a traffic stop is essential to protecting your rights.