Commercial Driver’s License (CDL) and DUI/DWI in New Jersey
A person with a commercial drivers license (CDL) is held to a much higher standard as a professional driver. If you have a CDL, you are required to take a chemical test if suspected of driving under the influence of drugs or in the event of any accident. Because a conviction of DUI can result from being under the influence of alcohol or drugs, chemical breath test results are not the only way a DUI may be proven. The state also uses observation evidence by officers as well as specialized observation and testing by police officers certified as Drug Recognition Experts (DREs).
The attorneys at The Darling Law Firm know the CDL laws and procedure and will make sure your rights are protected when facing a DWI. Immediately upon taking your case we meet with you to get your side of the story. We then begin to investigate the evidence the state has against you to determine whether all procedures were accurately followed by the police, the police officers charging you had all appropriate and current certifications, all tests were administered by currently certified individuals on currently certified equipment in good working order according to appropriate procedures. We insure you were made aware of all rights, including your right to refuse to submit to testing. We look at factors which may have influenced your BAC reading such as medication or certain stomach conditions. Remember, the state must prove their case and we do everything we can to find evidence which will avoid this result. There is no stone left unturned when our investigation of your case is complete.
Legal Limit for CDL
The Blood Alcohol Concentration (BAC) level for DWI in NJ is .08% but for commercial vehicle drivers the BAC is .04% while driving any commercial vehicle.
A DWI for a non-commercial driver results in a suspension of your commercial driving privileges for at least 1 year and up to 3 full years for a first offense and a LIFETIME SUSPENSION OF YOUR CDL for a second offense (you may apply for reinstatement of your CDL after a period of 10 years but there is no guarantee of reinstatement). Other penalties include jail, community service, fines and participation/evaluation by the Intoxicated Driver Resource Center where you may be ordered to undergo certain programs before your license is reinstated. Your non-commercial driving privileges will not be suspended unless your BAC level is .08% or greater. If the vehicle you were operating when the DWI occurred was a non-commercial vehicle, your CDL will only be suspended as for as long as your basic, non-commercial, driving privileges are suspended.
If you refuse to submit to chemical testing, including blood, breath or urine upon request by police you will be subject to an automatic suspension of 7-12 months for a first offense, 2 years for second offense and 10 years for a third offense with fines increasing with each offense.
Out of State Offenses
If you were convicted of DUI in another state, whether you were driving a commercial vehicle or not, NJ will suspend your CDL for 1 year for a first conviction and you will receive a lifetime suspension for a second conviction.
Your Northern NJ CDL DUI/DWI Attorney
If your ability to support yourself and your family depends on your CDL and you are charged with DWI, you need an experienced DWI lawyer at your side. At The Darling Law Firm we have experience reviewing the evidence the police have against you and know how to protect your license and livelihood against that evidence. We are committed to assisting our DUI/DWI clients. Our experienced DUI/DWI defense attorneys regularly participate in continuing education related to changes and loopholes in the DWI statutes, discovery, Breathylizer technology and municipal court cases so we are prepared to tackle even the toughest cases for our clients.
In order to serve our clients throughout Northern New Jersey we have offices in Roxbury and Rochelle Park, New Jersey. We serve clients in Morris, Sussex, Bergen, Passaic, Union, Hudson, Essex and Warren Counties.
Now is the time to call 973-584-6200 to protect your rights or click here to e-mail us. Although we prefer to meet our clients before Court, if you are unable to visit our offices, for your convenience we are willing to schedule a telephone conference with payment by credit card or Paypal at or before the time of service.
Forms of payment accepted: Cash, check, traveler’s check, Visa Mastercard, Discover, money order and Paypal.