The Consequences of a DWI for Commercial Drivers and How to Mitigate the Damage in NJ

Higher Stakes in CDL DUI Cases in Monmouth County, NJ

Commercial drivers are an indispensable component of our economy. They transport everything you can think of and keep shelves stocked for consumers of all kinds.  Whether hauling in a box truck or an 18-wheeler, these drivers require a Commercial Driver’s License (CDL).  The CDL has three classes that determine the kind of commercial vehicle that can be driven based on type, size, and gross combination weight rating (GCWR).  Buses and transport vans are also considered commercial vehicles. Even though commercial drivers traverse more than twice the distance of passenger vehicles in one year, they make up only 13% of all vehicle accidents in the United States.

Many factors determine the cause of a commercial truck accident. According to a University of Michigan study, passenger cars are three times as likely to be at fault for an accident with a commercial vehicle. However, there are circumstances when a commercial driver may be accused of causing an accident or creating dangerous circumstances on the road by driving while under the influence. But a CDL DUI in New Jersey doesn’t necessarily have to lead to an accident to result in severe consequences for a commercial driver’s license holder.

The stakes are even higher in these cases than for regular drivers who find themselves arrested and charged with DWI. Understanding the potential penalties that you may be facing for Commercial Driver Drunk Driving in New Jersey is critical. Equally important is knowing what to do next and how to vigorously protect your innocence in order to mitigate the potential damage to your life and career. At Chamlin, Uliano & Walsh, we understand the anxiety and pressure that accompanies these kinds of charges. Contact our Monmouth County law office today at 732-440-3950 to discuss your case with one of our proactive, knowledgeable DWI defense attorneys.

Commercial Driver BAC Standards, Legal Penalties, and Career Consequences in New Jersey

The Blood Alcohol Concentration (BAC) must be lower than 0.04% for commercial drivers, compared to the higher limit of 0.08% for regular driver’s license holders who face DWI arrests while driving their personal vehicles. A DWI can mean serious trouble for commercial drivers, even when driving a private vehicle.  CDL holders convicted of their first DWI with a BAC of 0.04% or higher, or if they refuse a breath test, will not be allowed to drive a commercial vehicle for one year, and their basic license will be suspended for three months.  In addition, they must pay $250 to $400 in fines, spend 12 to 48 hours at an intoxicated driver resource center (IDRC), and possibly up to 30 days in jail.

When a commercial driver is convicted of a DWI with a BAC of 0.10% or higher, even when it is their first offense, their CDL license is suspended for a year, and their basic license is suspended from 7 months to a year.  They face up to 30 days in jail, 12 to 48 hours at an IDRC, and $300-$500 in fines.  A second offense is an automatic permanent revocation of the CDL license and a two-year suspension of the basic license, as well as $500-$1,000 in fines, 48 hours to 90 days in jail, 30 days of community service, and 12-48 hours at an IDRC.  Moreover, a first conviction for a DWI while transporting hazardous materials or displaying a dangerous material sign results in a three-year license suspension.

Even when commercial drivers are in a private vehicle, they are held to a much higher standard.  The dire results of a CDL DWI conviction could lead, not only to the aforementioned consequences, but to unemployment.  With a suspended license, drivers must find alternative employment until their CDL suspension ends.  They cannot drive, even using their vehicle, for the first three months after their conviction.  A first DWI conviction can make it much more challenging to get a job once the license suspension has ended.  Employers are reticent to hire drivers convicted of a commercial driver drunk driving offense, whether while driving a private or commercial vehicle.  They can risk higher insurance rates and a lawsuit if an accident occurs with one of their vehicles and the driver has a DWI conviction.  Job loss can cause financial stress because, without a steady income, bills don’t get paid, which could lead to eviction or foreclosure. Economic difficulties in the home can lead to problems in the family and personal relationships. Clearly, the mounting ramifications can be devastating.

^{*This table is for informational purposes only and should not be considered legal advice. It is crucial to consult with an experienced attorney to discuss your specific situation and legal options.}

Key Strategies to Defend Commercial Drivers Facing DUI Charges in NJ

The first possible defense is the reason for the traffic stop. The police must show they had a reasonable suspicion to stop a vehicle.  If there is no justification for the stop, a motion to suppress any evidence obtained at that stop can be filed.

The accuracy of the breathalyzer can also be called into question.  Medical conditions such as acid reflux and diabetes can cause a false positive. The ketoacidosis caused by diabetes can produce acetone, which some machines will register as alcohol.  Recent use of mouthwash, breath fresheners, and some medications, such as cough syrup, can trigger an altered reading.  Fermented foods such as kombucha and kimchi can also alter test results if eaten within 15-20 minutes of testing.  Breathalyzers must be calibrated and maintained regularly.  A faulty device can also be a reason for inaccurate readings, as can user error.  There are specific procedures that must be followed when applying a breathalyzer test.

Police officers are trained to be keen observers, and they look for physiological signs that indicate a driver is under the influence of drugs or alcohol.  Red, watery eyes, slurred speech, a flushed face, and an unusual gait are indicators they use to determine if someone is under the influence.  They may also conduct field sobriety tests.  The driver must perform a series of exercises that require balance control.  Failure to successfully complete the tasks could result in an arrest.  The trouble with these tests is that a driver with lousy coordination, in shoes without rubber soles, or someone fatigued or anxious may have difficulty passing.

Experienced Long Branch CDL DWI Lawyers Fighting for Your Rights. Contact Us Now for a Consultation.

For CDL holders in New Jersey DUI cases, the stakes could not be higher. If you drive commercial vehicles for a living, a CDL DWI conviction can be devastating to your career, finances, and family. Our dedicated DWI attorneys at Chamlin, Uliano & Walsh will develop a multifaceted defense strategy, scrutinizing every detail of your arrest, from the reason for the stop to the accuracy of the breathalyzer and the field sobriety test results. As part of the discovery process for your case, we will request the dashcam footage showing the minutes before your stop and the procedures used during the applied tests. Our specific knowledge of DUI cases with CDL license holders means a specialized defense tailored to your unique situation.

We proudly defend individuals facing drunk and drugged driving charges in Colts Neck, Middletown, Belmar, Manasquan, Neptune, Ocean Township, Oceanport, Red Bank, Freehold, Howell, Holmdel, and across Monmouth and Ocean County. If you have been charged with a Commercial Vehicle Driver DWI, call us today at 732-440-3950 to begin with a consultation or complete our online form to learn more about how we can help you stay in the driver’s seat.