Being convicted of a DUI in New Jersey can affect your ability to apply for and receive a commercial driver’s license (CDL). Following an intoxicated driving conviction, you may have to wait for months or years before you can get a commercial driver’s license. Even after you do obtain a CDL, it may take time to secure employment in commercial driving with a DUI conviction on your record. These potential consequences of driving under the influence charges highlight the importance of having a New Jersey DUI defense attorney on your side from the start.
Can You Get a CDL with a DUI in NJ?
Although you may face a long, challenging road to obtaining a CDL with a DUI on your record, you may have the potential to get your license despite having committed a prior drunk driving offense. First, you will have to serve your sentence for your DUI conviction before applying for a CDL, which includes any incarceration period and suspension of driving privileges.
You also cannot have any disqualifying DUI offenses on your record, such as a second or subsequent DUI conviction, which can impose a lifetime suspension from commercial driving privileges. Someone with a lifetime suspension from holding a CDL can apply for reinstatement of their commercial driving privileges, which the New Jersey Motor Vehicle Commission may grant in limited cases.
How Long Do You Have to Wait After Getting a DUI?
The length of time that you must wait after getting convicted of a DUI to apply for a commercial driver’s license will depend on the suspension of your driving privileges. In New Jersey, a first-time DUI conviction will impose a 3-to-12-month suspension of driving privileges and a one-year suspension of commercial driving privileges. That means you have to wait at least one year after a first DUI conviction to apply for a CDL.
After a second DUI conviction, you will have to serve a two-year suspension of driving privileges and may receive a lifetime ban from commercial driving. To obtain a CDL after a second DUI conviction in New Jersey, you must apply to reinstate your commercial driving privileges and prove to the New Jersey Motor Vehicle Commission that you meet the specific eligibility criteria.
Requirements for Obtaining a CDL
In New Jersey, you must meet various eligibility criteria to obtain a commercial driver’s license, including:
- Be a U.S. citizen or a non-citizen with lawful permanent resident status
- Be at least 18
- Hold a Class D New Jersey driver’s license
- Have at least 20/40 vision in each eye, with or without corrective lenses
- Be able to recognize red, green, and amber colors
- Pass a medical exam conducted by a certified medical examiner or submit a self-certification document
CDL applicants in New Jersey must also pass a written knowledge test and an on-road skills test.
Understanding the Complexity of a DUI History and Acquiring a CDL
Unfortunately, having a DUI conviction on your record can make obtaining a commercial driver’s license extremely difficult. A conviction can result in suspending your driving privileges, requiring you to serve your suspension period before you can apply for a CDL after a DUI conviction. State and federal law also take a one-strike approach to intoxicated driving and CDL eligibility, barring individuals from holding or obtaining a CDL after two or more DUI convictions unless they meet specific criteria. Even after you get a CDL after a DUI conviction, you may find it challenging to secure employment with a DUI record, as employers may view such drivers as too great of a risk to hire.
If you’re a commercial driver facing DUI charges, hiring an experienced criminal defense lawyer to fight against them and protect your rights is in your best interest. Otherwise, you risk losing your driving privileges and your livelihood – and a lengthy battle to get them back.
Tips for Acquiring Your CDL Post-DUI
If you decide to apply for a CDL with a DUI or DWI conviction on your record, you can follow certain steps to improve your chances of having your CDL application approved. Tips for getting your CDL post-DUI conviction include:
- Review reinstatement requirements – You should understand what steps you must take to reinstate your basic driving privileges in New Jersey, as the state requires you to hold a basic Class D driver’s license when applying for a commercial driver’s license.
- Serve your DUI sentence – You must also complete your DUI sentence before applying for a CDL, including serving jail time and finishing your driver’s license suspension and ignition interlock device periods.
- Understand CDL requirements – Review New Jersey’s requirements for obtaining a commercial driver’s license and ensure you meet the eligibility criteria, including the medical requirements.
- Study for the CDL test – You can review study materials and attend commercial driving classes to help you pass the written knowledge and on-road skills tests for obtaining a CDL.
Even if you obtain a CDL after a DUI conviction, you may find it challenging to secure commercial driving work. Many employers may shy away from hiring drivers who have DUI convictions on their records, as those drivers can increase employers’ insurance rates. Employers may also view drivers with prior DUI convictions as a greater risk for causing accidents, committing safety violations, or engaging in misconduct. You must be prepared to explain your record and how you have reformed your behavior after your DUI conviction, such as obtaining substance abuse counseling or refraining from alcohol and drug use.
Get in Touch with Our New Jersey Criminal Defense Attorneys for More Information
Are you facing DUI charges or dealing with the aftermath of a conviction? If so, get the legal advice and advocacy you need to protect your rights. Contact the Law Offices of Jonathan F. Marshall today for a free, confidential consultation with a DUI defense lawyer to discuss your options.
With over 200 years of combined legal experience handling DWI and other serious motor vehicle charges, our attorneys have the knowledge and insight to help clients pursue favorable outcomes when facing DUI charges or convictions. Our firm has achieved numerous success stories, including getting DUI charges dismissed, and received praise from our clients and peers in the legal community, such as this one:
“I was thinking the worst when I was charged with DWI. It seemed like there wasn’t much of a chance of keeping my license or getting around the surcharges and other penalties. I called a bunch of lawyers and I quickly picked up on the fact that some guys were really only going to hold my hand and basically plead me guilty. This wasn’t what I heard from Jonathan or his DWI guru Colin. All DWI lawyers are not the same – there is a big difference as I learned.” – Jason
Reach out to our office today to see how one of our skilled New Jersey criminal defense attorneys can help you.
