CDL and DWI Penalties - N.J.S.A. 39:10-13

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New Jersey has always been tough on DUI/DWI offenders. Whether you are a repeat offender, or it is your first DWI charge, if convicted, there are severe mandatory, minimum sentences that the court is forced to pass down. The severity of DUI/DWI penalties increase with each conviction. This is true for both those licensed with a basic driver's license and those with a commercial driver's license (CDL). However, it is important to note that that penalties are different for each type of driver. These penalties are outlined below.

Commercial DWI Violations In New Jersey

If you have been arrested for DWI and have a commercial driver's license, you are subject to the same penalties as a DWI for an individual with only a basic driver's license. The primary difference with CDL licensed drivers is that they also face the penalty of a separate suspension for their commercial driver's license if convicted. This could affect one's ability to work if their job is contingent on the use of a commercial vehicle.

According to New Jersey statute, a blood alcohol content (BAC) level of .04% constitutes grounds for a DWI charge for CDL licensed drivers if suspected of drunk driving while operating a commercial vehicle. If a person with a CDL is driving a passenger vehicle when stopped under the suspicion of a DWI, the 0.08% BAC level applies. A CDL licensed driver with a first offense DWI conviction will automatically receive a one year CDL revocation in addition to his or her 3-12 month basic driver's license suspension. A second offense will result in a lifetime revocation of his or her CDL license. The CDL license suspension penalty will be enforced regardless of whether or not the defendant was operating a commercial vehicle at the time of the DWI arrest.

1st Offense CDL DWI Penalties

  • 3 month basic driver's license suspension
  • 1 year CDL license suspension
  • $250-$400 in fines
  • 12-48 hours at an intoxicated driver resource center (IDRC)
  • Up to 30 days in jail

1st Offense CDL DWI Penalties (BAC of .10% or higher)

  • 7 months-1 year basic driver's license suspension
  • 1 year CDL license suspension
  • $300-$500 in fines
  • 12-48 hours at an intoxicated driver resource center (IDRC)
  • Up to 30 days in jail

2nd Offense CDL DWI Penalties

  • 2 years basic driver's license suspension
  • Lifetime CDL license revocation
  • $500-$1,000 in fines
  • 12-48 hours at an intoxicated driver resource center (IDRC)
  • 48 hours-90 days in jail
  • 30 days community service

If you are a CDL licensed driver and you are arrested for a DWI while on a New Jersey road, you should consider hiring an experienced NJ DWI lawyer to defend your rights, protect your career and your commercial driver's license. Call 732-965-3999 today for your FREE consultation on CDL DWI's in New Jersey!

Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.

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