Drinking and driving is never a good decision. Depending on your case, there may be factors that impact whether or not you will be found guilty, but it's always best to speak with an attorney before doing anything. If you are arrested for DWI, DUI, DWAI, or any other impaired driving offense, we recommend reaching out to speak with Dan as soon as possible, so he can provide insight on the details of your case. With a few simple questions, Dan will be able to tell you what your next best step is.
One crucial factor that we wanted to talk about today on the blog is specific to individuals who have or need a CDL license. Here are a few things to consider if you have a CDL, or are employed in an industry that requires you to have a CDL.
First Offense DWI
You should never drink and drive. In New York State if you're found guilty a first-offense DWI will get your driver's license suspended for 90 days. A second offense results in at least a 6-month suspension. For offenders under the age of 21, you could have your license suspended for up to 6 months to a year. This is just for your regular driver's license, however, so what if you have a CDL?
Commercial Driver's License (CDL)
If your driver's license in New York is suspended for any reason, anyone with a suspension is not eligible for a CDL. If arrested, you may not apply for a CDL for at least 1 year after a DWI arrest. A second conviction could result in a lifetime ban.
All is not lost, though losing your CDL could greatly impact your ability to make a living if it is imperative to your job. For first offenders, once you've served your period of disqualification, you can apply for a CDL by paying the associated fees and submitting documents with the Commissioner of Moter Vehicles requests. With an otherwise clean driving record, you could be successful in obtaining a CDL with your DWI record, but remember some companies may think twice if you have a DWI. With a DWI on your record, even if you do get reinstated with a new CDL, you could see higher insurance premiums.
Don't Drink and Drive.
The safest way to avoid losing your license (or hurting someone or yourself) is to never drink and drive. Mistakes do happen, however, and after years of working in criminal DWI defense, we understand, we never judge. If you or someone you know is faced with a drinking and driving arrest, it's always recommended to retain an attorney before making any decisions on the first steps. The first few steps after your arrest can impact the outcome of your case, so retain a trustworthy defense lawyer who knows their way around a courtroom.
Thanks for reading and remember if you ever have a question, you can simply give us a call to speak with Attorney Dan DuBois directly, or fill out our contact form to hear back from us via email or call.
DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.