DWI and Commercial DriversIf you have a commercial driver’s license (CDL) and you drive for a living, getting a DWI can have extremely serious consequences on your ability to earn an income. Even if you are not driving your commercial vehicle when you are caught driving drunk, a New Jersey DWI conviction will likely result in your CDL being suspended for one year. The same is true for refusing a breathalyzer test – even in you are not convicted of drunk driving. Furthermore, commercial drivers who have been convicted of DWI may have difficulty finding work ever again, and those who get a second DWI will have their CDL permanently revoked.

Lower Limits for Commercial Vehicle Drivers

While commercial drivers are subject to the same .08 blood alcohol concentration (BAC) limit as everyone else when driving a private vehicle, when they are driving a commercial vehicle the limit goes down to .04 percent. As a result, you can be convicted of DWI even after just a couple of drinks, as many people reach a .04 percent BAC very quickly. This can often occur if you go to work after a night of drinking and do not give yourself enough time to metabolize the alcohol – so do not just assume that because you have “slept it off” you are below the legal limit.

Defenses may be Available

Fortunately for CDL drivers who have been accused of drunk driving, not every arrest leads to a conviction. There are often legal defenses that may be available that could help you avoid a conviction or losing your CDL after an arrest or a refusal, including the following:

  • Establishing that the police officer that pulled you over lacked probable cause to request a breath sample
  • Introducing evidence that any chemical testing that was performed was inaccurate
  • Arguing that the officer that arrested you lacked sufficient training to determine whether you were intoxicated or to administer sobriety testing
  • Showing that you have a medical condition that can cause symptoms that mimic the signs of alcohol intoxication or an inaccurate BAC reading

Call David Polsky Today to Speak with a New Jersey DWI Defense Attorney

If you have a commercial driver’s license, it is imperative that you do everything possible to avoid a DWI arrest turning into a DWI conviction. As a result, if you have been accused of drunk driving, you should call an experienced New Jersey DWI defense lawyer as soon as you can. David Polsky has been practicing law since 1991 and is committed to protecting the legal rights of his clients. To schedule a free consultation with David, call our office today at 973-686-9787. You can also send us an email through our online contact form.