What can happen to my commercial driver's license (CDL) if I get a DWI / DUI in NJ?

A:

Because of the nature of the vehicles being operated by a person with a CDL, a DUI is more serious than if it had been received while driving a non-commercial vehicle.  First of all, a breathalyzer reading of only 0.04% is required for a per se violation of the drunk driving statute (as opposed to a 0.08%).  However, this only applies if the DUI is received while you are driving a commercial vehicle.  It does not apply if you are driving, for example, the family SUV.

Second, the punishment for DUI in a commercial vehicle is more severe.  For a first offense, your CDL would be suspended for one to three years.  If the vehicle is transporting hazardous materials, or is placarded for them, the judge must suspend it for three years.  For a second offense, it is a lifetime suspension of the CDL.  However, the law allows the Chief Administrator of the Motor Vehicle Commission to issue rules and regulations establishing guidelines and conditions under which it could be reduced to a period of not less than ten (10) years, so you should consult with an attorney on this.

Third, these punishments are in addition to those of a regular DUI!  That's right, if you are pulled over in a commercial vehicle and test at a blood alcohol level of 0.08% or over, you can be convicted of two DUIs with fines, penalties, and consecutive suspension periods, one for your CDL and one for your regular driver's license.

If you have a CDL and are pulled over for drunk driving, give my office a call at 888-857-8418 or contact me through this site, for more information and a free consultation.

Related Topics

• What can happen to my commercial driver's license (CDL) if I refuse the breathalyzer?
• What can happen to my commercial driver's license (CDL) if I leave the scene of an accident?
• What happens if I drive a commercial vehicle while my CDL is suspended or revoked?

Have more questions about NJ traffic court?  This article not answer your question?  Get more answers here. You can also get the answers to the most frequently asked questions by downloading my free book, A Guide to Driving Legally in New Jersey and Surviving Traffic Court If You Don't.  It will give you the answers you need all in one place.  Then call me at 888-857-8418 contact me through this site for an appointment for a free consultation to discuss your case.