
DUI: Special Issues for CDL Drivers
Published on 2/22/2013
Updated on 3/31/2025
Obtaining a Commercial Driver’s License (CDL license) is a significant career move. CDL drivers rely on their licenses for employment and supporting their loved ones. As devastating as a DUI conviction is for ordinary drivers, it is amplified for CDL holders.
There are a few discrepancies in how New York State treats regular drivers charged with a DUI and CDL holders that are charged with a DUI. An experienced lawyer will understand what and how to argue considering these.
Firstly, while the threshold DUI BAC for regular drivers is 0.08%, CDL drivers have a maximum threshold of 0.04% BAC. This reduced limit applies to a CDL holder even when they are not driving in their professional capacity. For example, if a CDL holder was driving their personal vehicle from a friend’s house and had a BAC of 0.06%, they would be charged with a DUI and face misdemeanor penalties. However, a regular driver in the same situation with the same BAC would be charged with a DWAI and would not face criminal penalties.
Regarding the penalties, a first offense carries up to a year in jail, fines from $500.00 to $1,000.00 and license suspension for one year. A second offense can lead to a jail sentence anywhere from 5 days to 4 years, fines from $1,000.00 to $5,000.00 and permanent license suspension. As a collateral penalty, CDL holders are not eligible for conditional licenses.
Unfortunately the penalties do not end here. Depending on the facts of the arrest and personal driving history, a driver can face additional consequences. For example, leaving the scene of an accident, property damage or any felony involving the use of a vehicle will all be counted against the driver. Another factor is whether or not the vehicle was hauling hazardous chemicals. These factors, among others, can result in anywhere from a three-year to ten-year license revocation, even from a first-time offense.
As a CDL driver it is critical to know that the odds are stacked against you. If you find yourself facing a DUI charge as a CDL holder it is in your best interest to consult an experienced DWI attorney to advise you through the process. Traffic attorneys with CDL experience know which pleas bargains you should accept, if any. They will review discovery for any circumstances that will help the situation and employ procedural tactics when available. Ultimately, an experienced traffic attorney will know how to mitigate the long-lasting effects of any CDL related DUI charge.
For any DUI related charges, you can contact the Benjamin Goldman Law Office. Attorneys from our firm can handle such cases in New York City, Nassau County, and Suffolk County Hudson Valley, and the Capital District region. Our firm works hard to get the best results for each case, as attested by the many five-star reviews we received. We will be glad to provide you with a free consultation. You can get in touch with us at your convenience.