If you are convicted of serious or multiple traffic violations, your driver’s license could be suspended. If that happens, you no longer have the privilege of driving in the state of New York. If you have a commercial driver’s license (CDL), your driving is governed by stricter rules than those with ordinary licenses.
Having a CDL often means your livelihood depends on your ability to drive. A CDL suspension could have a major impact on your life. If you are facing a CDL suspension, it’s a good idea to call a traffic lawyer for help.
New York CDL Suspension
The Department of Motor Vehicles can suspend your CDL for a variety of reasons. For example, when you’re driving your commercial vehicle and your blood alcohol level is 0.04% you can be charged with a DUI. For those driving their personal vehicle, the legal alcohol limit is 0.08%.
Primary reasons for a CDL to be revoked in New York State include:
- Not paying traffic tickets on time or not attending traffic court dates
- Frequent traffic violations
- Driving a vehicle without insurance
- DWI or DUI charges
If you receive a ticket for any traffic violation and you are a CDL holder, you will receive instructions from the New York DMV by mail. It is imperative that you follow all instructions and show your willingness to cooperate.
How long will my CDL suspension last?
The length of time that your CDL is suspended depends on your overall driving record and the type of conviction you get.
Under New York law, a CDL can be suspended for at least one year for reasons that include:
- Driving a commercial vehicle with a BAC of 0.04% or more
- Driving a passenger vehicle while under the influence of alcohol
- Driving any type of vehicle under the influence of a controlled substance
- Refusal to submit to a BAC test
- Leaving the scene of an accident
If you are convicted of any of the above offenses while driving a commercial vehicle that contains a hazardous substance, your license may be suspended for at least three years.
If your driving privileges are suspended, you should not drive your commercial vehicle for any reason. It’s also important to note that if your personal driver’s license is suspended, your CDL will also be suspended. You will not be eligible to apply for a hardship license to drive your commercial vehicle.
What to Do After a CDL License Suspension
If your CDL was suspended for a drug- or alcohol-related offense, you may be able to obtain a conditional license. This kind of license would not allow you to drive your commercial vehicle, but you would be able to drive your personal vehicle to get to and from certain places.
Restricted Licenses for CDL Holders
Drivers whose CDL was suspended for an offense not related to drugs or alcohol and whose license has not been previously suspended might be able to obtain a restricted license. Whether you can drive your commercial vehicle with a restricted license will be based on the circumstances of your case and left to a judge’s discretion.
Appealing Your Suspension
If your New York State-issued CDL has been suspended, you can appeal the suspension in the traffic court that has jurisdiction over where the offense took place. A skilled traffic attorney might be able to help develop a plan to get your CDL reinstated.
The New York Traffic Ticket Lawyers have experience helping CDL drivers in Central New York who have had their licenses suspended. We can review your situation and explain how we might help you, too. Contact us today.