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Commercial Driver DWI

Charges for driving under the influence of drugs or alcohol always can carry serious penalties. However, when a commercial driver is charged with the offense, he or she could face losing his or her career in addition to criminal penalties such as jail time, expensive fines or a driver’s license suspension.

Commercial drivers could have their commercial licenses suspended or revoked, which essentially would prevent them from being able to work in their respective field. Considering the high stakes involved in a commercial DWI, it may be in your best interest begin the legal process immediately and determine your best options.

Garden City Commercial DWI Attorney

Building a strong defense is important if you are a commercial driver accused of getting behind the wheel intoxicated. If you have been charged with a DWI and are in fear of losing your license, contact Garden City commercial DWI lawyer Stephanie Selloni.

The legal team at Law Office of Stephanie Selloni can work with you one-on-one to help you make the best decisions in your case. Stephanie Selloni is adamant about helping her clients get favorable results in their cases. She understands how severe commercial DWI charges can be, and she can help you make sure your rights are represented.

Law Office of Stephanie Selloni has years of experience representing clients facing DWI charges throughout  Garden City and the surrounding areas, including Hempstead, Mineola, Westbury and Floral Park. Selloni also represents clients throughout the five boroughs of New York City. Call (516) 972-1212 to schedule a free initial consultation.

Information About Commercial DWI Offenses

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Commercial DWI Under New York Law

According to the Federal Motor Carrier Safety Administration Regulations Section §392.4, no driver shall be on duty and under the influence of or use any of the following substances:

  • Any Schedule I substance, such as heroin, marijuana or LSD
  • An amphetamine or any formulation 
  • A narcotic drug or any derivative
  • Any other substance to a degree which renders the driver incapable of safely operating a motor vehicle

Additionally, drivers cannot be under the influence of alcohol within four hours before going on duty, while operating or while having physical control of a commercial motor vehicle, according to FMCSA. This could include truck drivers and others with certain commercial driving licenses.

In New York, commercial drivers have stricter rules and are held to a higher standard concerning driving while intoxicated. A commercial vehicle driver with a blood alcohol content of 0.04 or higher is considered under the influence according to New York state law. This is half the legal limit for non-commercial drivers.

No matter the driver’s blood alcohol concentration, he or she still could face charges for DWI if the officers believe he or she is under the influence of a drug or other substance. This could include intoxication by a prescription drug or an illegal narcotic.

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Penalties for Commercial DWI

Commercial drivers who are charged with driving under the influence could face the same drunk driving penalties as non-commercial drivers accused of the crime. In New York, the penalties for DWI vary based on a variety of factors, including the person’s blood alcohol concentration and if her or she is a repeat offender.

Generally, penalties include a mandatory fine, a statutory maximum jail term and a mandatory driver’s license action. A first DWI offense could carry up to one year in jail, a fine between $500 and $1,000 and a license suspension for at least six months.

A second DWI offense within 10 years could mean up to four years in jail, a fine between $1,000 and $5,000 and a license suspension for at least one year. The penalties continue to increase with subsequent offenses.

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License Suspension and Reinstatement

CDL holders face additional penalties, one of the most severe being losing the ability to legally get behind the wheel.  For a first offense with a BAC higher than 0.04, points will be added to the driver’s record and he or she will be barred from driving a commercial vehicle for a minimum of one year.

If a commercial driver is convicted of a DWI with a blood alcohol concentration higher than 0.04 percent and he or she was transporting hazardous materials, the penalties could be much more severe. This could mean being barred from driving a commercial vehicle for at least three years.

If a commercial driver is convicted of any sort of DWI offense for a second time, he or she would be barred from driving a commercial vehicle for life. In some instances, drivers may be able to receive a waiver after 10 years has passed since the second offense.

If any level of alcohol is detected in the driver’s blood and the concentration is less than 0.04 percent, the arresting officer would issue the driver an “out-of-service” order valid for 24 hours. This means the driver would not be able to perform his or her required duties for a full day.

New York is an implied consent state. This means when drivers travel on public roadways, they have agreed to submit to a chemical test if suspected of driving under the influence. If he or she refuses to submit to a test of his or her blood, breath or urine, his or her CDL could be suspended for a minimum of one year.

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Finding A Nassau County Commercial DWI Defense Lawyer

If you have been charged with a commercial DWI, keeping your license is critical to your future career. Contact Law Office of Stephanie Selloni to begin building a strong defense in your case and fight to keep your driving privileges. Call (516) 972-1212 to schedule a free consultation about your case with an experienced Garden City commercial DWI attorney.