The penalties for a DUI in a commercial vehicle are more severe, and the proof standard is lower, when you are convicted of driving a commercial vehicle under the influence.
First, the minimum breathalyzer reading is lower. Ordinarily, it is a 0.08%, but if you were driving a commercial vehicle, the state only needs a breathalyzer reading of 0.04% as evidence that you were under the influence of alcohol. So, commercial vehicle - 0.04% or higher; family SUV - 0.08% or higher.
The punishment for operating a commercial vehicle under the influence is also 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.
These punishments listed above are also in addition to those of a regular DUI! So, 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.
I Might Be Able to Help!
I don't take every case that comes to me. But if you were arrested and charged with a DUI in Gloucester, Camden, Burlington, Salem, or Cumberland County, you know you need to hire a lawyer for your case, and you want to make an investment in the level of representation that you need, then call my office immediately at 856-432-4113 or fill out my contact form to schedule an appointment to discuss your case! You will thank yourself later!
If you are looking for more information on New Jersey's drunk driving law, then download my free book, How Much Trouble Am I In? A Guide to New Jersey Drunk Driving Law.
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