Driving a commercial truck is not for everyone. Even people who enjoy taking road trips in their own passenger vehicles would find it daunting to maintain control of such a large vehicle for so many hours on so many days, therefore, truck drivers are always in high demand among employers. If you have a commercial driver’s license, you can take your pick of well-compensated jobs. In other words, a commercial driver’s license is a terrible thing to lose, but it can vanish in an instant if you get caught driving under the influence of alcohol, even if you are driving your own personal vehicle at the time of the traffic stop. The DUI defense lawyers at the Law Offices of Jonathan F. Marshall can help you avoid losing your commercial driver’s license if you get stopped on suspicion of drunk driving whether you were driving for your work or your own personal vehicle.
Anyone charged with DWI faces strict penalties and the loss of a driver’s license. Professional drivers, however, face the potential to lose their livelihood on top of the already harsh consequences of a DWI.
At the Law Offices of Jonathan F. Marshall, you will find a team of experienced NJ truck driver DUI attorneys with the experience, skills and training to provide you with a strong defense. We will also help protect your commercial driver’s license and your career from the devastating impact of a conviction.
New Jersey Commercial Driver’s License (CDL) Laws
The requirements for obtaining and keeping a commercial driver’s license (CDL) in New Jersey are rigorous. You must do more than simply being an adult resident of New Jersey and either be a U.S. citizen or hold a visa status that enables you to work legally in the United States, although these requirements also apply. You must also pass various skills tests, be able to speak and read English proficiency, and meet various medical requirements.
New Jersey traffic laws acknowledge that everyone makes mistakes, and the points on your driver’s license that the court applies when you get a traffic ticket eventually disappear. For CDL drivers, though, the standards are higher. The following traffic violations (and other civil infractions that New Jersey law does not classify as crimes) can disqualify you from getting or keeping a CDL in New Jersey:
- Illegally changing lanes
- Exceeding the speed limit by more than 15 miles per hour
- Tailgating (following the vehicle ahead of you too closely)
- Reckless driving
- Traffic violations and driving errors related to railroad crossings
- Leaving the scene of an accident (hit and run)
- Being under the influence of drugs or alcohol while on duty for work, even if you are not driving at the time
In other words, you can lose your CDL even for violations that endanger others much less than drunk driving would endanger them. This is because commercial trucks are so heavy and because they take such a long time to slow down that a minor error can cause a catastrophic accident, whereas if you made that same error in a car, you would probably be able to correct it in time to avoid causing an accident resulting in serious injuries.
Do You Lose Your CDL for Drunk Driving?
No matter your category of driver’s license, driving in New Jersey implies a promise to obey New Jersey traffic laws and to consent to random testing to ensure that you are not driving under the influence of alcohol or drugs. According to New Jersey law, you are too drunk to drive if your BAC is at least 0.08%. Most people will not face any legal consequences after a traffic stop where they get a breath test result of 0.07% or less. For commercial vehicle drivers, however, the rules are more stringent. If you drive a commercial vehicle while your BAC is 0.04% or higher, you can lose your CDL. In other words, you can lose your CDL if you drink only half the amount required to yield a DWI conviction in traffic court.
Furthermore, the consequences for your commercial driving career can be ruinous if you get a DUI even when you are driving your own four-door car on a day when you are not working. If two friends, an HVAC repairman and a truck driver, go to a bar on Black Friday and then drive to their respective homes and each gets pulled over on the way home, they will both get stuck with ignition interlock devices, endless surcharges, and an unpleasant weekend at the Intoxicated Driver Resource Center. The DWI will have no effect on the HVAC repairman’s professional life, though, except that he will have to ride in the passenger seat while a co-worker drives to job sites. As for the truck driver, his CDL will be suspended for a year, and if he gets a second DWI within 10 years, the state will revoke his CDL permanently, forcing him to change careers.
Keep Your New Jersey DUI Charge Off Your CDL
We know you are concerned about the potential effect of a DWI on your commercial driver’s license. When we represent you on a DWI charge, we can help address your concerns about your career and provide a thorough defense to your charges.
In addition, we will provide you with a thorough and skilled defense to DWI charges. Whether the charge is your first offense or a subsequent offense, you face the potential for harsh consequences. We will:
- Review your breath test and field sobriety tests with an eye toward potential challenges to the evidence. We have defense attorneys who are certified in field sobriety testing and certified operators of the breath test machine used in New Jersey, giving us a deep understanding of how the tests work and how to effectively challenge them.
- Seek other possible defenses to your charge. For example, we may be able to challenge the police’s reason for stopping your vehicle.
However, it is important to note that if you were charged with a DWI while driving a commercial vehicle in your official capacity as a CDL driver, you face more significant penalties and a host of other issues.
We are the largest and most credentialed DWI team in the state. In addition to our extensive breath test and field sobriety test training, we have lawyers who are former prosecutors in 25 municipalities around New Jersey. Together, we have more than 100 years of experience. Schedule your free initial consultation with our law firm today at 855-450-8310. Se habla español.
