A commercial DWI can have serious consequences and can even cost someone their job. If you were charged, do not wait to reach out to our skilled New Jersey criminal defense attorneys today.
What is considered a commercial vehicle in New Jersey under N.J.S.A. 39:3-10.11?
The state of New Jersey has several qualifications a vehicle must meet for it to be considered a commercial vehicle, and thus warrant a commercial license. A vehicle that can be categorized under any of the following will likely allow the driver to receive a commercial license:
- A passenger vehicle designed to transport 16 or more passengers
- A truck with double or triple trailers
- A truck with a tank designed to haul liquids or liquefied gases
- A truck carrying hazardous materials requiring placarding
How are commercial DWIs and regular DWIs different from each other?
Those who drive a commercial vehicle are held to a higher standard when it comes to DWI charges and penalties. A person with a regular driver’s license can face DWI charges if he or she is pulled over with a blood alcohol concentration (BAC) of .08% or higher. However, if an individual is driving a commercial vehicle, he or she can be charged with a DWI with a blood alcohol concentration of just .04% or higher. This lower threshold is governed strictly under N.J.S.A. 39:3-10.13.
What are the legal consequences of commercial DWIs in New Jersey?
DWI charges are taken very seriously in the state of New Jersey. If this is your first offense and you were pulled over by law enforcement with a blood alcohol concentration of .04% or higher, you will likely face the following consequences:
- A 3-month suspension of your basic driver’s license
- A 1-year CDL license suspension (which increases to 3 years if hauling hazardous materials)
- Up to 48 hours at the intoxicated driver resource center (IDRC)
- Up to 30 days in jail
- Up to $400 in fines
It is essential to note that if you are pulled over with a blood alcohol concentration of .10% or higher, you will likely encounter more severe consequences. If this is your second offense, you may lose your license, which can have a damaging effect on anyone who drives a commercial vehicle for their job. A second commercial DWI offense results in a lifetime disqualification of your commercial driving privileges under state and federal motor carrier regulations. If you have been charged, it is in your best interest to reach out to our firm today. Our skilled New Jersey criminal defense attorneys have the experience required to fight on behalf of you and your future.
CONTACT OUR EXPERIENCED NEW JERSEY FIRM FOR A CONSULTATION
Here at McNerney & McAuliffe, we understand how confusing certain legal matters can be, which is why we are here to provide clients from all walks of life with the experienced, compassionate legal guidance they need. If you require the legal assistance of an attorney to help you through a criminal law matter, personal injury matter, family law matter, or otherwise, you can turn to us. Contact McNerney & McAuliffe today to learn more about what we can do for you.
