What does a DWI mean for commercial drivers license holders?

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"Hiring Adam was the best decision after I was charged with 4 tickets for a DWI. It took Adam just one court appearance to convert all the tickets into a minor DWAI with minimum charges. He always made sure I was relaxed and he would take care of me like a younger brother. I've no words to thank him for what he has done for me!" *****

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"He is a very professional and well organized individual that will work with you not against you in any situation, and does his best to defend you and your rights in court. I would highly recommend P. Adam Militello for anyone in need of his services he provides." *****

“Mr. Militello is the BEST!”

"Adam is an AWESOME attorney! I never been in trouble with the law and after getting pulled over on the holiday was charged with a DWI. I was scared and terrified. Adam told me, I would be okay and he would fight for me. Which he did. He got my misdemeanor charge down to a traffic infraction of a DWAI. Which is a non criminal charge. I am very thankful and blessed. I'm a healthcare professional and a misdemeanor would have affected my career. He is honest, a good listener, very funny and keeps you updated in regards to your case. He contacts you in reasonable time and works hard on your case. He doesn't mind when you call asking a lot of questions. Also, he is very affordable and will work with. Forget the rest, hire best. Adam is the best." *****

What does a DWI mean for commercial drivers license holders?

P. Adam Militello, Esq.
P. Adam Militello, Esq.

Getting arrested for drinking and driving in New York State while holding a Commercial Drivers License (CDL, Class A, B, or C licenses) presents special problems for CDL holders. The legal limit for CDL holders is .04%. That means that if you hold a CDL, and you are driving while you have a blood alcohol content of .04% or greater, you can be charged with DWI – not DWAI. A person with a CDL license is treated much more harshly than a person with a regular Class D license.

Not only is the legal blood alcohol limit (BAC) lower for CDL holders, the penalties for driving with a BAC of .04% or greater are much more sever than for regular drivers who blow a .08%! The first CDL DWI offense carries a minimum license revocation period of one year (instead of six months for regular drivers). If the commercial vehicle you are driving has hazardous chemical tags, you can expect a revocation of three years. A second conviction carries a revocation of at least 10 years. The third DWI conviction for a CDL-holder will result in a truly permanent license revocation. If the CDL-holder operates a commercial vehicle while their BAC is .18% or greater, they can be charged with a Class E felony, fined between $1,000 and $5,000, or sentenced up to 1 1/3 – 4 years in a state prison.

Furthermore, CDL holders are not eligible to drive commercial vehicles if issued a hardship privilege to drive pending prosecution of their case. Neither pre-conviction nor post-conviction conditional licenses allow for the operation of commercial vehicles. In other words, if you hold a CDL, under no circumstance should you ever drink alcohol before operating a vehicle. You will very quickly find yourself without a license, and without a way to earn a living.

If you are charged with a DWI, whether you hold a Commercial Drivers License or not, you should get immediate legal advice. The Rochester DWI attorneys have handled DWI cases in numerous situations, including representing a foreign citizen on a felony DWI charge arising from his arrest for driving a commercial vehicle (a tractor trailer) while having a BAC of .24%. We were able to get the tractor out of impound, and negotiate a settlement that included no jail time for our client. Although past success is not an indicator of future results, we will give your case the same careful attention that we gave to this client. We will talk to you about your case at no charge, and we will work to make sure that you can get back to work.

If you are facing a DWI charge in Rochester or one of the surrounding counties, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. Our phone number is (585) 485-0025.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128