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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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