Carmel DUI with Commercial Driver’s License Lawyer

Defending Against CDL Suspension & Revocation in New York

Typically, the CDL will be suspended for one year when the individual is driving a commercial vehicle with a BAC of .04% or higher, driving a passenger vehicle under the influence of drugs or alcohol, refuses to take a BAC test, or leaves the scene of an accident. The period of time will increase to three years if any of these offenses were committed when the driver was operating a commercial vehicle carrying hazardous material.

While New York State takes a serious approach to punishment for driving under the influence, the penalties for drivers with CDL licenses are even stricter. If you were arrested  for DWI, DWI/DUI, or DWAI while driving a commercial vehicle, the first thing you should do is to contact a qualified Carmel DWI attorney to maintain your livelihood.

Receive your free consultation from our accountable CDL license suspension attorneys in Carmel by calling (845) 584-7033 or contacting us online today!

Impact of DWI/DUI on Your CDL License

Operating a motor vehicle under the influence of alcohol or drugs results in stiffer penalties for people with CDL licenses, even if you were not driving a commercial vehicle at the time of the incident. The period of time that a license will be suspended depends on the type of offense. In addition, when the license is suspended or revoked, there is no eligibility for a hardship license, as is often possible with a standard driver’s license.

Your CDL may be suspended or revoked if the driver is:

• Operating a commercial vehicle with a Blood Alcohol Concentration (BAC) of .04% or higher
• Operating any motor vehicle under the influence of alcohol or drugs
• Refusing to submit to BAC testing

If you are at risk of having your CDL suspended or revoked, you need to seek immediate assistance from a Carmel DWI/DUI lawyer. Keith R. Murphy offers a free consultation to discuss your case and get the advice you need. Do not admit guilt before speaking with our DWI attorney in New York.

Penalties for DUI with a Commercial Driver’s License in New York

DUI charges for CDL holders carry significant penalties, and a conviction can affect both the driver’s personal life and professional career. Some of the key penalties for DUI with a CDL include:

First Offense (While Operating a Commercial Vehicle)

• Disqualification from Driving: A first offense can result in at least 1 year of disqualification from driving any commercial vehicle. This disqualification applies even if the DUI occurred while driving a personal vehicle.
• Fines: You may be required to pay fines as part of your sentence, which can range from $500 to $5,000 depending on the specifics of your case.
• Jail Time: Depending on the circumstances of the DUI charge, you may face up to 1 year in jail.
• Probation: A conviction may result in probation, during which you may need to comply with conditions set by the court, such as alcohol counseling or community service.

Second Offense (While Operating a Commercial Vehicle)

• Lifetime Disqualification: A second offense while operating a commercial vehicle within a 10-year period will result in a lifetime disqualification from holding a CDL. This is a permanent disqualification, meaning you will not be able to work as a commercial driver again.
• Increased Fines and Jail Time: A second offense could lead to fines up to $10,000 and an extended jail sentence of 1 to 5 years.
• Probation and Counseling: In addition to fines and potential jail time, a second DUI conviction often involves mandatory alcohol or drug counseling, substance abuse treatment, and probation.

CDL Holder DUI Offenses and the Impact on Employment

One of the most significant concerns for commercial drivers facing DUI charges is the impact on their employment. The nature of the job demands that drivers maintain a clean driving record. A DUI conviction can make it incredibly difficult to find new employment or retain your current position.

• Immediate Disqualification: After a DUI charge, you may face an immediate disqualification from operating a commercial vehicle. This can result in job suspension or termination, particularly if the charge involves operating a commercial vehicle at the time of the offense.
• Employer Reporting: Many employers require commercial drivers to report any DUI convictions or license suspensions. Failing to disclose a DUI offense could result in further professional consequences, including termination from your position.
• Difficulty Finding New Employment: A DUI conviction on your record can make it extremely difficult to find another commercial driving job. Insurance companies may increase premiums for employers hiring drivers with a history of DUI offenses, further diminishing your employment opportunities.

Defending Against a DUI with a CDL in New York

If you are facing a DUI charge with a Commercial Driver’s License, there are several defense strategies that may be available to you. A Carmel DUI with Commercial Driver’s License lawyer can assess the facts of your case and work to build a strong defense.

Some potential defenses include:

• Challenge the Accuracy of the BAC Test: Breathalyzer tests and other BAC tests are not always 100% accurate. Several factors, such as improper calibration or the failure to follow the correct procedures, could lead to inaccurate results.
• Illegal Traffic Stop: If the police officer did not have reasonable suspicion or probable cause to pull you over, evidence obtained during the stop could be deemed inadmissible in court. 
• Field Sobriety Tests: Field sobriety tests (FSTs) are subjective and can be influenced by various factors unrelated to alcohol consumption, such as poor weather conditions, fatigue, or medical conditions. Your Carmel DUI with CDL lawyer can scrutinize whether the tests were administered fairly and accurately.
• Temporary Disqualification or Reduced Sentences: In some cases, a lawyer may be able to negotiate a temporary disqualification or a reduction in the severity of the charges. For example, it may be possible to negotiate a plea deal that allows you to retain your CDL with a temporary suspension or with certain restrictions, rather than a permanent disqualification.

What to Do After a DUI Charge with a CDL in New York

If you are charged with a DUI while holding a Commercial Driver’s License in New York, acting quickly is critical to protecting your rights and your career. Contacting an experienced Carmel CDL Lawyer is the first step in minimizing the impact of the charges. An attorney can guide you through the legal process, explore defense strategies, and work to secure the best possible outcome for your case.

Time is of the essence in CDL DUI cases because New York law imposes tight deadlines for challenging license suspensions, and the penalties for a conviction can be severe. An experienced lawyer will help you understand the potential consequences, explain your legal options, and protect your driving privileges.

Contact Us Today!

It is essential to have a skilled legal professional by your side to navigate the complexities of both state and federal DUI laws. With the right legal defense, you may be able to challenge the charges, reduce the penalties, or minimize the impact on your professional future.

If you are facing DUI charges with a CDL in New York, contact a Carmel DUI with Commercial Driver’s License lawyer to discuss your case and protect your rights.

Take the first step to ensuring that your rights are protected by calling (845) 584-7033 to schedule a free consultation with a Putnam County DWI/DUI lawyer.