Search Site
Menu
What penalties will a commercial driver face for DWI offenses?

Being arrested and charged with driving while intoxicated in New York State carries with it serious potential consequences should there be a conviction. Anyone who is confronted with allegations of DWI offenses must be cognizant of what they can face, but it is even more important for those who are commercial drivers and need their Commercial Driver License to make a living. Losing a CDL is problematic enough, but when seeking jobs even after the license has been reinstated can be made more difficult when there are DWI offenses on the record.

Understanding how commercial drivers are treated with a DWI and how it can impact their life is crucial. It is also imperative when planning a defense. A CDL — whether it is A, B or C — gives the driver greater responsibility to adhere to the law when it comes to blood-alcohol content (BAC) if there is a test to see if the he or she is under the influence. A driver with a CDL who is convicted with a BAC of .04 percent or more will have the CDL revoked for one year. If the driver is operating a vehicle that must have placards denoting hazardous materials are being carried, it is three years.

After that conviction, the driver will face massive penalties should they get a second conviction for the rest of their life will lead to the CDL being revoked permanently. It is possible that there can be a waiver after 10 years. Should there be a third conviction, the CDL will be revoked permanently with no chance of it being reinstated.

Law enforcement is vigilant about pursuing drivers who might be under the influence. That is especially true with CDL drivers as they are often operating large vehicles, travel great distances and move at significant speeds. In some cases, they are carting dangerous materials. However, just because law enforcement makes a traffic stop and an arrest for DWI, it does not mean that the driver is automatically guilty. There could have been an issue with the stop itself, the testing device could have been faulty or the officer administering the test might not have been certified to give it. To avoid the harshest penalties, it is critical to have a law firm that has experience in all areas of drunk driving.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam Staier Attorney Photo
Adam Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • lawyers
    5.0/5.0

    One of my friends advised me to contact 'The Law Office of James Riotto' to handle the traffic violation. Luckily, I did and they were very patient despite the delay in court procedures and professionals to the utmost extent and most importantly they...

    Read more

    Client

  • lawyers
    5.0/5.0

    Had a great experience with this attorney. He was very effecient, very knowledgeable and his staff is corteous and proffessional. I got the results Ib was seeking with this attorney.

    Read more

    Client

  • lawyers
    5.0/5.0

    I have a good experience with this lawyer they going to help you and they fight for you . I have interviewed Many law office but no one give me an idea How they going to win the case But these people does and I win the case and I am very very happy T...

    Read more

    Client

  • lawyers
    5.0/5.0

    Service was excellent - efficient, clear, timely and effective. Would not hesitate to recommend. -Albert C

    Read more

    Client

  • lawyers
    5.0/5.0

    Having never received a traffic/speeding ticket, and as a busy professional not having the time to spend going to court to contest it, I did a fair amount of searching for a firm that would have the background and experience that could best represent...

    Read more

    Client

See all reviews
Featured Article
  • The Top Criminal Defense Lawyers in Rochester.

    Handpicked Top 3 Criminal Defense Lawyers in Rochester, New York. Our 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. You deserve only the best!

    VIEW ARTICLE
Contact us

Quick Contact Form