Commercial Drivers License and DWI

DWI Attorney in New Jersey

A Commercial Drivers License, which is often referred to as a "CDL," is required to operate large commercial vehicles on New Jersey's roadways; generally those designed to transport passengers or cargo. A special testing process evaluating knowledge and skill must be undergone to acquire a CDL. There are three different classes of CDL's that allow the operation of commercial vehicles of varying weights and configurations. In addition, separate testing must be undergone to acquire any one of six different CDL endorsements which are needed to operate particular types of commercial vehicles. Because a CDL is needed to operate vehicles such as buses, tractor-trailers, vehicles hauling hazardous materials and the like, loss of a CDL means automatic loss of employment for the drivers of these vehicles. Consequently, the stakes are especially high when a driver holding a CDL is facing motor vehicle charges that may result in loss of the license.

A CDL may be revoked or suspended through administrative action by the Motor Vehicle Commission for any Title 39 motor vehicle violation, or for any other ground deemed reasonable by the commission. A court must suspend a CDL after the first conviction for certain motor vehicle offenses committed while driving a commercial vehicle, such as drunk driving, "DUI or DWI," and refusal to submit to a breath test.

Penalties for Commercial Drivers License DWI

The Motor Vehicle Commission, (MVC) formerly known as the Department of Motor Vehicles, (DMV) will suspend a CDL after two or more convictions for "serious traffic violations" for separate incidents within a three-year period while driving a commercial vehicle. The serious violations are: (1) speeding 15 or more MPH over the speed limit, (2) reckless driving, (3) improper or erratic lane changes, (4) following too close or "tailgating," (5) any moving violation committed in connection with a fatal accident, or (6) any other violation of law that has been determined by the federal Department of Transportation to be a serious violation. Conviction for a second serious traffic violation either here in New Jersey or out-of-state within a three-year period will result in a 60 day administrative suspension of the driver's CDL, and a third or subsequent such violation during the period will result in a 120 day suspension.

A driver operating a commercial motor vehicle can be convicted under N. J. S. A. 39:3-10.13 for drunk driving, DUI or DWI, with a blood alcohol concentration as low as .04%, which is one-half the alcohol concentration required to support a DUI conviction in the case of a driver operating a non-commercial vehicle. The penalties faced by the holder of a CDL for DUI while operating a commercial motor vehicle are substantially greater than those for DUI by a non-CDL holder operating a non-commercial vehicle. For example, the minimum drunk driving CDL license suspension for a first offense is one year, whereas it is 3 months under the regular drunk driving statute. Furthermore, it is possible that that a CDL holder could be subjected to double penalties for a single DUI conviction. Under certain circumstances the CDL holder would be required to pay the fines and penalties and suffer the loss of their personal driver's license for violating N. J. S. A. 39:4-50, which is the drunk driving statute applicable to everyone and also have to pay the fines and penalties and suffer the loss of their commercial driver's license for violating N. J. S. A. 39:3-10.13, the drunk driving statute relating to CDL holders. A CDL holder operating a commercial vehicle is also exposed to the same type of double punishment for a conviction for refusal to submit to a breath test. The same double punishments apply if a CDL holder driving a commercial vehicle is convicted for leaving the scene of an accident. The law requires a lifetime CDL loss if a commercial vehicle operator has a second DUI conviction or a second refusal conviction, or a second conviction for leaving the scene of an accident, when the accident involved property damage or death.

A CDL holder's CDL may be revoked through administrative action before the Motor Vehicle Commission (MVC) for a serious motor vehicle violation even though they were operating a non-commercial vehicle, such as their personal vehicle, at the time of the offense. For example, the MVC will suspend a CDL for one year if the CDL holder is convicted for a first DUI or first refusal to take a breath test, even though the offense occurred while driving a private vehicle. The MVC will impose a lifetime CDL suspension for a second or subsequent DUI or refusal conviction committed while driving a private vehicle.

Operating a commercial motor vehicle while one's CDL is suspended or revoked in violation of N. J. S. A. 39:3-10.18, or operating a commercial motor vehicle with a CDL that lacks the endorsement needed to operate the type of vehicle being driven exposes the driver to substantial penalties, which may include a fine of up to $5,000 and a 90 day jail term. Both the jail term and fine are mandatory if while operating a commercial vehicle a driver with a suspended CDL is involved in an accident in which another person sustained bodily injury.

Consequently, because the penalties can be so severe, the holder of a CDL must exercise great care when charged with any serious traffic violation, whether it occurred while driving a commercial vehicle or a private vehicle.

This discussion of commercial drivers license issues is provided for general information purposes only and is not legal advice, nor is it intended to suggest a particular outcome in a specific case. We suggest you consult with an attorney from the Law Offices of Allan Marain for the reliable legal advice you need.

Contact a New Jersey DWI lawyer for skilled legal assistance when charged with DWI as a commercial driver.