Drunk driving is a serious offense, and it can affect one’s ability to not only drive but to earn a living. This is particularly the case for anyone who holds a commercial driver’s license, or CDL. Moreover, the rules that apply to CDLs are more strict compared to non-commercial driver’s licenses.
If you hold a CDL and you are facing a drunk driving ticket, your profession and your ability to support yourself financially could be at risk. It’s time to retain legal representation that is committed to working for the best outcome in your case. Count on The New York Traffic Ticket Lawyers to serve you.
Understanding a CDL Drunk Driving Ticket
Many people assume that a drunk driving ticket for a CDL holder is identical to what a non-commercial driver’s license holder receives. However, the rules are actually more unforgiving when it comes to a CDL. While a private, non-commercial driver is only considered to be drunk driving if their BAC (blood alcohol content) is .08% or higher, the percentage for a CDL holder is 0.04%.
Also, a New York CDL driver does not necessarily have to blow a 0.04% on a Breathalyzer test to be issued a ticket for drunk driving (also known generally as DWI, or driving while intoxicated). A police officer can issue a ticket if they observe some other evidence that the driver is under the influence. An officer may ask a driver to take field sobriety tests to determine if there are signs of impairment.
Possible Consequences of a CDL Drunk Driving Ticket
The exact penalties that a driver will face due to a CDL drunk driving ticket will depend on various factors, including any prior convictions. New York has some of the harshest penalties for driving while intoxicated, and the consequences may last for several years. You could be dealing with any of the following if you are convicted:
- License suspension or revocation: For a first offense, the driver could have their CDL suspended for up to one year. A second or subsequent ticket may result in a longer suspension, or possibly permanent revocation. Anyone who is convicted of driving drunk while transporting hazardous materials can have their license suspended for three years.
- Fines: The monetary penalties can be quite substantial as well. A first conviction for a CDL drunk driving ticket could land the driver with a fine of between $500 and $1,000. But a second conviction means a fine of up to $5,000.
- Jail: Jail is also in the realm of possibility if you are convicted of drunk driving with a New York commercial driver’s license. The sentence can be up to one year for a first time conviction. But if you get a second ticket, you could go to jail for up to four years if you are convicted.
- Interlock ignition device: As a commercial driver, the court may require you to install an interlock device on your vehicle’s ignition. You would be required to provide a breath sample before the engine is able to start.
Defense Strategies For a New York CDL DWI Case
Receiving a ticket for drunk driving with a commercial driver’s license does not necessarily mean you will be convicted. There may be ways to challenge the evidence against you. Having an attorney can also help you argue for more leniency in the event you are ultimately convicted of the offense.
The exact strategy that your lawyer uses for defending you will depend on the specific facts of your case. Possible defenses include:
- Challenging the Breathalyzer test: Breathalyzer devices must be maintained and properly calibrated or they can render inaccurate results. If there’s evidence of a problem with the Breathalyzer, your attorney may be able to use this in your favor.
- Challenging the field sobriety tests: The results of a field sobriety test may also be suspect. The officer may have lacked proper training, for instance, and incorrectly administered the test. Or the driver could have had a physical condition that affected their performance.
- Lack of probable cause: Police cannot simply pull over a driver without probable cause. If there was no evidence that you were behaving in a way that would alert law enforcement, then you may be able to question the legality of the traffic stop.
- Mishandling of the evidence: In addition, the way in which the evidence was handled may call the state’s case against you into question. Your New York traffic ticket attorney will examine all of the evidence and identify any problems with the state’s arguments or procedures.
Contact Our New York CDL Drunk Driving Attorney
A CDL drunk driving ticket can have major repercussions for your freedom, your finances, and your future. Defend yourself today by hiring an experienced attorney who can advocate for your best interests. Reach out to The New York Traffic Ticket Lawyers to begin working on your case.
Frequently Asked Questions About CDL Drunk Driving Cases
Is it possible to have my ticket dismissed?
It is possible to have a traffic ticket thrown out of court if you successfully challenge the evidence against you. This often requires raising questions concerning the constitutionality of the way in which police handled the evidence, or the legality of the traffic stop. Your attorney will explore various options to contest your ticket.
Can I get a ticket for driving under the influence of drugs?
A CDL holder can be ticketed if there is evidence that they are driving under the influence of drugs. Drugged driving does not just include the use of illegal drugs like cocaine, or drugs like marijuana (the legality of which varies across the United States). You may have a prescription for a certain medication which makes you drowsy while driving (for example) and therefore results in a ticket.
What are aggravating factors?
Your legal penalties will be harsher if there were aggravating factors connected to your drunk driving ticket. For instance, an exceptionally high BAC, or an accident causing bodily injury, will generally translate to more severe penalties. Talk to an experienced New York ticket attorney right away if such factors apply to your case.