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Commercial Driver License (CDL) and DWI charges in New York

by Seth Azria on 11/29/2013

DWI is a serious charge for all drivers but for drivers holding a Commercial Driver License (CDL)* it presents additional consequences and considerations.

CDL in Jeopardy Even When Driving Personal Vehicle

In the past, the only time a DWI conviction could affect a commercial driving license  was if  the driver was actually operating a commercial motor vehicle at the time of the offense. Nowadays, CDL holders should be aware that their CDL is in jeopardy whether driving a commercial motor vehicle or their personal car/truck, all-terrain vehicle, snowmobile, or boat.

Enhanced Driving License Suspensions for CDL Holders

While it is true that an experience DWI attorney can usually protect a driver’s ability to operate a motor vehicle while a case is pending the same cannot be said for the ability to operate a commercial motor vehicle.

Neither a judge-issued hardship privilege while the case is pending, pre-conviction conditional license, conditional license, nor a restricted use license are valid to operate a commercial motor vehicle. Furthermore, NY VTL 1193 mandates that a CDL holder convicted of any DWI offense will see their privileges to operate a motor vehicle revoked for one year.

Please feel free to call (315) 364-1155 anytime to discuss your case with an experienced DWI attorney.

*CDL is defined by NY VTL 501 and covers those drivers who have a class A, B, or C driver’s license amongst others. NY VTL 501-A defines the term “commercial motor vehicle” as “a motor vehicle or combination of the vehicles designed or used to transport passengers or property.”





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The information on this site is not legal advice, it is Attorney Advertising intended to educate potential clients about their need for legal advice and assist them in obtaining a lawyer appropriate for those needs. Use of this site does not create an attorney-client relationship. DWI law is complex and each case is different. You should contact a qualified attorney to discuss your case. Azria & Bruffett defends drivers charged with DWI, DWAI, and all other alcohol related charges in Upstate, Western, and Central New York. Please call us (315) 364-1155 for a free consultation about your DWI pending in: Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming and Yates counties.





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