DWI Penalties for Commercial Drivers in New Jersey

Being charged with a DWI or DUI is already difficult for those with ordinary driver’s licenses. If you also have a commercial driver’s license (CDL), the penalties might be even more severe. CDL drivers are more likely to lose their license, and without a CDL, their job and livelihood may be jeopardized.

The legal limit for CDL drivers is actually lower than for everyone else. A CDL driver may be charged with a DUI if their blood alcohol concentration (BAC) is .04% or higher. In addition, the driver may lose their CDL for 1 year for a first offense. After a second DUI or DWI, a driver may have their CDL permanently revoked. Even if you were not driving a commercial vehicle when you were pulled over, you might face penalties against your CDL.

Call our Atlantic City, NJ DWI and DUI defense attorneys at the Lombardo Law Group at (856) 281-9600 and ask for a free initial case review.

How Commercial Drivers May Be Charged with DWIs in New Jersey

Commercial drivers require special commercial driver’s licenses (CDLs) that come with much stricter rules and regulations. If a CDL driver is convicted of a DUI, there may be dire consequences for their job.

CDL drivers must abide by stricter alcohol laws than ordinary drivers. According to N.J.S.A. § 39:3-10.13, it is illegal to operate a commercial motor vehicle with a blood alcohol concentration of .04% or higher or while under the influence of drugs.

Whether driving a commercial or personal vehicle, a driver’s CDL may be at risk if they get a DUI. According to the New Jersey Motor Vehicle Commission, if a CDL holder is convicted of a first-time DUI or DWI in a passenger vehicle, they may see their basic license suspended for at least 3 months and up to 1 year, while their CDL will be suspended for 1 year. For a second violation, the driver may lose their basic license for 2 years, and their CDL will be permanently revoked.

What if I Was Not Driving a Commercial Vehicle When I Was Charged with a DWI?

Commercial drivers do not always operate commercial vehicles, and they may be pulled over while driving their personal vehicles. In such cases, their CDLs may still be in jeopardy.

The lower BAC limit for CDL drivers only applies if they are operating a commercial vehicle. If a CDL holder is arrested for a DWI or DUI while off duty and driving their own personal vehicle, the standard legal limit of .08% may apply.

There may still be consequences for a CDL even if the CDL holder was driving their personal vehicle when they were arrested for a DUI. Under N.J.S.A. § 39:3-10.16, a CDL license may be suspended or revoked for any violation of the motor vehicle code if it is believed that the driver is not fit to safely operate a commercial vehicle.

How to Challenge a DWI or DUI as a Commercial Driver in New Jersey

Commercial drivers may have certain advantages when it comes to fighting DWI and DUI charges. Since almost everything they do on the road is documented, they may have an easier time proving that they were not intoxicated.

If you were pulled over while on the job, your driving logs may account for your time and prove that you could not have been drinking. Similarly, our New Jersey DWI and DUI defense attorneys might use data recording devices on the truck to show that your driving was safe and normal before you were pulled over. Your speed, braking times, and other driving data might indicate you were driving perfectly sober.

A more common strategy is to challenge the BAC results. Faulty testing equipment, testing errors, and forced testing frequently lead to BAC results being thrown out or suppressed. Without those results, prosecutors have a very weak case and might be persuaded to drop the charges.

Can I Get My Commercial Driver’s License Back After a DUI or DWI?

While drivers with basic licenses may be able to have their licenses reinstated after a suspension, CDL holders might have a tougher time. Even minor DUI offenses can cause drivers to lose their CDLs for a long time, possibly forever.

After a first-time DUI, your commercial driver’s license may be suspended for 1 year. Before you can get your CDL back, you must complete this suspension in its entirety. This can be problematic for those whose livelihood is based on commercial driving.

If you are convicted of a second DUI, your CDL may be permanently revoked, and you will never get it back. At that point, you will want to find a new field of employment or challenge the DUI so that you can hopefully avoid losing your license.

Can I Keep My Job if I Have a CDL and Get a DUI in New Jersey?

The court in a DUI case will not determine your employment status if your CDL is revoked or suspended. That is a matter between you and your employer. Even so, hiring a lawyer to help you fight the charges might help you keep your job.

If you lose your CDL, you likely cannot continue working a job that requires a CDL. The law forbids those without a CDL from driving commercial vehicles. However, your employer might have other work you can perform, and you should ask them if that is an option.

Even if your CDL is not revoked or suspended, your employer is a private person who may terminate your employment if they think you are an unsafe driver. Again, this is something you should discuss with your employer.