Stewart A. McMillan, Esq.

Commercial Driver's Licenses and DWI

Within the past five years, penalties for DWI have increased exponentially in New York State and Connecticut.

However, the penalties for Commercial Drivers License (“CDL”) holders who have been convicted of DWI have increased even more substantially.

Many clients who come into the Law Offices of Stewart A. McMillan are Commercial Driver’s License holders, like taxi drivers, school bus drivers or heavy machinery operators, who depend on those driver’s licenses to make a living.

Our DWI attorneys in White Plains and New York will counsel our New York clients, at the very first meeting that CDL license holders face an automatic loss of their CDL license for a one year period following a conviction for DWI.

The CDL license holder will also lose their license for a one year period for a conviction of leaving the scene of a personal injury accident as well.

The penalties are even more severe where the CDL license holder refuses a breath test. A breath test refusal will subject a CDL license holder to an 18-month license revocation.

Those penalties are substantially more severe than those faced by regular driver’s license holders – who face lesser penalties of six months (for a standard DWI) and one year (for refusal to take a breath test).

The license revocation penalties will apply regardless of whether the client is driving their work vehicle or their own personal car.

Our Manhattan , Fairfield and Westchester County DWI attorneys will counsel you that (unlike a regular driver’s license) you cannot get a Hardship License from the DMV to operate your commercial vehicle after being convicted of DWI.

A second conviction for DWI while operating a commercial vehicle will result in a lifetime revocation of the CDL driver’s license. A person cannot even attempt reinstatement for a period of ten years following this ban.

Our criminal defense attorneys in White Plains will also make you aware that, if you are caught driving a commercial vehicle containing hazardous materials, your license will be revoked for a minimum of three years.

Many of the penalties for DUI while driving a commercial vehicle are even more pronounced in Connecticut. Our DUI lawyers in Stamford tell our Connecticut clients that you may be charged with a DUI in Connecticut for a much lower BAC if you are driving a commercial vehicle. A person driving a commercial vehicle in Connecticut can be charged with DUI if his BAC is above .04% (versus .08% for someone who is a regular driver’s license holder).

Accordingly, if you or someone you know is a CDL license holder and has been charged with DWI, DWI Refusal or leaving the scene of an accident, contact our NYC, Stamford or White Plains Commercial Driver’s License Lawyers at our offices immediately. The call is absolutely free, and our attorneys are standing by 24/7 to answer any and all questions you may have.

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