CDL First Offense DWI, Refusal, New Jersey
Do you have a CDL commercial driver’s license in New Jersey or any other state, and been arrested for first offense DWI (Driving While intoxicated)? Unfortunately, the law holds those with a CDL endorsement to a much higher standard when it comes to punishment and penalties for DWI offenses. Todd Palumbo knows the CDL laws and procedure and will make sure that your interest are protected every step of the way. The following article provides some basic information regarding DWI offense for those with a CDL endorsement. If you have any further questions, please call. The consultation is free.
In New Jersey, a non-cdl driver is over the limit with a 0.08 BAC (blood alcohol concentration. ) However, the possessor of a CDL, will be considered over the limit for CDL suspension purposes if the BAC is 0.04 or above when operating a commercial vehicle. If you are operating your personal vehicle and are convicted of DWI, your commercial privileges will be suspended for one year, even if your regular drivers license is suspended for less time. If you are convicted of DWI and you were operating a commercial vehicle, the first offense is a mandatory one year suspension. A second offense could lead to a lifetime suspension of a CDL license.
It is also important to remember that the police do not necessarily need the readings from the Alcotest/breathalyzer machine to convict a defendant of DWI. In New Jersey, an individual can be convicted of a DWI offense for being under the influence of alcohol or narcotics. This means that even if there are not readings, i.e. the machine malfunctioned, the police administered the test incorrectly, etc., the state could still go forward based upon the observations of the officers involved. These observations are primarily based upon the Standardized Field Sobriety Test, i.e. the one leg stand, the heel to toe, horizontal gaze nystagmus.I have unique qualifications in the areas of field sobriety tests and administration of the Alcotest and a successful trial record as a result
Under either standard, the holder of a CDL if convicted will lose commercial driving privileges for a one year period if he was operating commercial vehicle at the time. This may run concurrent to any non-cdl suspension. To make this more clear, it is possible that your non-cdl privileges could be suspended for a period of 3 months and your CDL for one year.The New Jersey Motor Vehicle Commission provides a reference chart.
The same penalties apply for a first refusal (to provide breath sample) and first offense conviction for driving under the influence of a controlled dangerous substance.
Given the severity of the possible penalties, and the lower threshold requirements for conviction, it is imperative that those CDL holder facing a first offense DWI charge contact an experienced DWI lawyer who understands the interaction between CDL law and DWI offenses.
Your job and future may be on the line. Make sure you take the time to get some GOOD AND HONEST advice. I am available 24/7