DUI and CDL: What Every Driver Needs to Know for Legal Safety
Understand the effects of DUI and CDL and protect your career. Seek expert legal advice and know your rights as you tackle this significant legal challenge.
In summary:
- A first offence for a DUI may trigger a one-year disqualification from a commercial driving license (CDL), harming the offender’s career
- The impact of a DUI on a CDL in New Jersey becomes more serious with each offense and can quickly lead to a permanent ban
- Being charged with a DUI requires that you act fast to protect your income and employability as a commercial driver
Having a DUI conviction can seriously impact your potential to make money by removing your ability to obtain or maintain a CDL. Even with a simple arrest, however, an employer or insurer may consider you too much of a risk.
A DUI and CDL suspension are even more complicated because CDL disqualification is recorded from federal databases, whereas New Jersey state is in control of your basic license and criminal case.
Below, we detail the DUI penalties for CDL, offering legal help to reduce the risk to you. Discover how to collect and preserve the evidence you need to defend yourself and align your legal strategy with your employer’s requirements.
Do You Lose Your CDL If You Have a DUI?
It’s important to note that, in New Jersey, DUI and DWI are used interchangeably in many texts, including this article. However, the law uses only “DWI”.
Your first DUI does not permanently bar you from getting a CDL. However, it does have temporary consequences in New Jersey, and your eligibility for a future CDL may face challenges.
The rules for a CDL license suspension for DUI state that the state can suspend a CDL for one year, even if the DUI was in a personal vehicle. In some cases, drivers may reapply after the specified time period has ended. However, for others, this period without a career is too long, and they may move on to other roles.
Sometimes, a person may not lose their CDL but may still be disqualified for a period of time. In this situation, the state’s laws are clear that they may not drive a commercial motor vehicle (CMV) during that time.
A second DUI is much more serious. Even if you acquire one while you drive a personal vehicle, New Jersey may permanently revoke your eligibility to hold a CDL in the state.
A third DUI, or subsequent DUIs, will still have serious repercussions, including fines and jail time. However, at that point, there are no further direct impacts on the CDL as the individual is already disqualified. If the DUI comes after a reinstatement following a ten-year disqualification, however, the CDL is then forfeited permanently.
Can You Get a DUI and Still Get a CDL in the Future?
If you are already disqualified, you will need to wait ten years, after which you can apply again. In the meantime, look into acquiring the knowledge and skills for retesting when you reapply.
It is crucial to understand that individual employers may be a lot stricter. Having someone on your side who knows the legal rights of CDL holders during an internal review can often help you navigate the challenging time.
Alcohol Limits for Commercial and Personal Vehicles
Be aware that New Jersey technically uses the term “Driving While Intoxicated” (DWI) instead of Driving Under the Influence” (DUI). However, the specific word of the law also does not require that you necessarily have a clear blood-alcohol concentration (BAC). Instead, the law allows for a DWI charge when you:
- Operate a motor vehicle while you are “under the influence”; OR
- Operate a vehicle with a BAC of at least 0.08%; OR
- Allow another person “under the influence” to operate a vehicle; OR
- Allow another person with a BAC of at least 0.08% to operate a vehicle
It should be noted that the idea of “allowing” another person to operate a motor vehicle specifically relates to a motor vehicle that you, yourself, own and control. The law does not demand a BAC test, and if the police can prove that you are impaired due to intoxication, then that will be enough.
In doing this, the law is showing that you act with wisdom regarding others and show a general respect for the laws of the road.
Escalated Disqualification Issues
While other elements of a DWI will not directly affect the CDL, each of these offenses can have other effects, and the legal repercussions of a DWI might cause your employment to face different challenges.
For example, you may find yourself facing:
- Fines
- Jail time
- Detention at the Intoxicated Driver Resource Center (IDRC)
- Requirements to attend outpatient support with the IDRC
- License forfeiture
- Requirement to install an ignition interlock
- Community service
These may interfere with your employability or availability to perform your job in the short term. The time without employment may then have continuing effects on your ability to find further work.
Repercussions may also escalate due to several other factors, including:
- Whether you committed other offenses at the time of driving
- Having a higher BAC (0.08%, 0.10%, or 0.15%)
- Whether you were using illicit substances
- If you were under 21 at the time of the offense
Should you have any other prior charges, even if they are unrelated to a DWI, these may also be taken into account.
How Can a Lawyer Help Fight a DUI?
If you speak to and hire a legal team with experience in DUI charges, they will do everything they can to keep you driving lawfully in the short term. They can also provide clear guidance on your next steps.
Expect them to:
- Collect and audit any evidence for and against you
- Challenge the traffic stop leading to the DUI
- Build a legal case to challenge the DUI itself
- Create a defense focused on getting your CDL back
- Represent you in court from the start to the end of your case
By working with an attorney on such a case, you stand a much greater chance of seeing justice.
Frequently Asked Questions (FAQs)
Is It Possible to Keep Your CDL After a DUI?
In some situations, a judge may be merciful, but New Jersey law is clear that a first offense should lead to a suspension for one year.
A lack of conviction can reduce the impact on your license, but even if the state drops charges, you may still face consequences. These may relate to social repercussions, or your employer may require you to undergo specific testing before allowing you to drive for them again. To learn what steps your employer asks for, talk to your HR department.
Do I Have to Do All My Tests Again for CDL After DUI?
If you have faced an extended disqualification of one year or more, you may discover that you have lost some of the skills you once had. Due to this, you may require a new commercial learner’s permit (CLP) and need to retake the test to acquire a full CDL.
These costs will apply to each test and the issuance of the license, so ensure you budget appropriately for them. The CDL also changes regularly, so ensure that you are up-to-date on its specifics. If you need a new one, you can contact New Jersey’s government.
How Long Do You Have to Wait to Get a CDL After a DUI?
After a first DUI, you will likely need to wait one full year, during which time you will be disqualified from using or applying for a CDL. If the situation involved hazardous materials, this could be as long as three years instead, due to the seriousness of the problem.
After a second DUI, you may face a lifetime ban from a CDL. However, you may be able to petition for a CDL after ten years in New Jersey. If you move out of the state, you should check the local laws for that region, as they may say something different.
What Happens If I Refuse a Breath Test With a CDL?
Police and the courts may consider a refusal to perform a breath test in New Jersey as a major offense. It can thus impact your CDL eligibility, and on top of that, you may face separate penalties under New Jersey’s laws for the simple refusal to perform the test.
Employers tend to treat refusals such as these as positive proof of a DUI for their internal policies. However, you should talk to your employer for details.
Does a DUI in My Personal Car Affect My CDL Employment?
Yes, it suggests a lack of respect for the rules of the road. Both insurers and employers may consider you a greater risk, and could refuse to allow you to drive.
Get the DUI and CDL Help You Need
In a situation involving a DUI and CDL, you need to act quickly if you want to protect your employment and your income. Your first step should be to gather as much information as possible from your employer and other sources, and then investigate hiring a qualified lawyer.
Here at The Law Office of Steven Ellman, we have nearly four decades of DUI and traffic law defense experience in New Jersey, and have defended almost 1,000 clients in that period.
For CDL/DUI legal advice and a free consultation with one of our attorneys, contact us today. We can help you with your next steps and ensure you are correctly represented.
