There are few things worse than being charged with a DUI. Unfortunately, if you received a DUI with a commercial driver’s license (CDL), you can expect to face even harsher penalties that will impact many facets of your life. Please continue reading and reach out to our experienced Morristown DUI defense lawyer to learn more about CDL DUIs and how our firm can help if you’ve received one. Here are some of the questions you may have:
What BAC Level Triggers a DUI for CDL Drivers in New Jersey?
When law enforcement believes someone is driving while intoxicated, they will typically ask the driver to take a breath test to determine the concentration of alcohol in their system. If the driver blows a 0.08% or higher, he or she will receive a DUI, as this is the standard legal limit. However, if the driver was operating a commercial vehicle, he or she only needs to have a BAC of 0.04% or higher to receive a DUI.
When off-duty and operating a regular passenger vehicle, CDL drivers are held to the standard legal limit of 0.08%. However, any penalties you face for a DUI when off duty will affect your CDL.
Penalties for a First-Offense DUI With a CDL in New Jersey
Though non-CDL holders will face penalties on their license, CDL holders will face two categories of penalties:
CDL Specific Penalties
When charged with a DUI as a CDL holder, even if you are off-duty and driving your own personal vehicle, you can face the following penalties on your commercial license:
- One-year CDL suspension
- Three-year suspension if transporting hazardous materials at the time of the DUI
- Probation and employment consequences
Standard Driver’s License Penalties
A CDL driver will also face penalties on their standard driver’s license, regardless of whether or not they were on duty at the time of the alleged DUI. These penalties include:
- A license suspension between three and twelve months, depending on your BAC
- Harsh fines, including an IDCR fee, mandatory contribution to the DUI fund, and a $1,000 surcharge for three years
- Up to 30 days in jail
Additional Court Penalties
In addition to the standard penalties imposed by the court, you may also face the following:
- Installation of an ignition interlock device (IID)
- 12-48 hours at the Intoxicated Driver Resource Center (IDRC)
- Increased penalties for a BAC over 0.10%
Penalties for a Second DUI With a CDL in New Jersey
If you are charged with a DUI for a second time as a CDL holder, you will face even harsher penalties under New Jersey law.
CDL Consequences
Being charged with a DUI for the second time will result in a permanent CDL revocation. You will be unable to have your CDL reinstated following a second conviction. This is true regardless of what vehicle you were driving at the time of the DUI.
Standard Driver’s License Penalties
In addition to the permanent loss of your CDL, a second DUI offense will result in a two-year suspension of your standard driver’s license
Criminal Penalties
In addition to the suspension of your regular driver’s license and loss of your CDL, you’ll face the following penalties imposed by the court if convicted of a second DUI in Morristown:
- Between $500-$1,000 in fines
- A mandatory minimum of 48 hours in jail, with the possibility of up to 90 days
- Up to 30 days of community service
- Up to 48 hours in the IDRC
Career and Life Impacts
As your CDL will be permanently suspended following a second DUI, the impact that this can have on your life is substantial. You’ll find that this will result in:
- The loss of your CDL job
- Loss of income
- Loss of benefits
- Ineligibility to return to work in transportation, logistics, trucking, or hazmat work
- Permanent criminal record
Additional CDL-Related Consequences You Can Face
While being charged with a DUI in New Jersey as a CLD driver, it’s important to understand that you can face additional penalties as imposed by the Federal Motor Carrier Safety Administration (FMCSA).
You should also note that after a DUI, many logistics carriers are unwilling to hire those with this conviction on their record, making it incredibly difficult to obtain employment after a first offense.
Federal Disqualification Rules
Due to the strict safety standards, the FMCSA applies regardless of whether or not you were on duty at the time of the DUI. As such, you’ll find that a DUI while on duty will often result in your immediate suspension from driving with your company.
Additionally, if you are transporting placarded hazardous materials at the time of the DUI, you will face the harshest penalties. This is because these materials are especially dangerous, and transporting them while under the influence poses a serious risk to those on the road and nearby communities. As such, you will face a three-year CDL suspension, even for a first offense, if you were transporting hazardous materials.
What Should I Do if I Receive a DUI With a CDL in New Jersey?
If you are charged with a DUI as a CDL holder, it’s critical to take the necessary steps to best protect yourself in these matters. As such, you should:
- Only provide the necessary information to the police
- Invoke your Fifth Amendment right to remain silent
- Request legal counsel immediately
- Document the details of your traffic stop
Your attorney will examine the circumstances around the stop, analyze the testing procedure, and develop a defense strategy based on your unique situation
Contact Our Experienced New Jersey DUI Defense Firm
When you are charged with a DUI as a CDL holder, the impact a conviction can have on your life is immense. That is why it’s in your best interest to work with the team at Graves Andrews, LLC. We are an experienced Morris County family law & criminal defense law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.