Commerical Driver's Licenses and DWAI/DWI/DUI

Many CDL holders don't realize the devastating consequences to their future that a DWI/DWAI/DUI in any state can bring. The amount of BAC necessary to trigger a CDL DWAI while operating a commercial vehicle is only .04.

Here are five things CDL holders charged with any drunk driving charges in New York State must know.

1. DWI vs. DWAI conviction/disposition: If a CDL holder is found not guilty of misdemeanor Driving While Intoxicated (DWI) and is convicted of non-criminal Driving While Ability Impaired (DWAI), a traffic infraction, You will still lose your commercial driving privileges for one year whether a DWI or DWAI.
In addition, all it takes is a .04 BAC to be found guilty of a CDL – DWAI, if you are operating a commercial vehicle. That level of BAC (.04) would not be of any affect to your license if you were operating a regular (non commercial) vehicle.
This is true even though this CDL DWAI and DWAI (non commercial vehicle) are traffic infractions.

2. Hardship License/Conditional License: The Court may still issue a hardship privilege but it cannot be used with your CDL. The DMV can also issue a pre-conviction conditional license (PCCL), usually thirty days after the suspension pending prosecution, but this will also not allow commercial privileges.

3. A CDL holder convicted of a DWI or DWAI offense you can obtain a limited-use license with non-commercial privileges. Only if eligible for a pre-conviction conditional license (pre-trial) or a conditional license (post-trial) which require eligibility for enrollment in the (DDP) drinking driver program.

4. CDL Holder and revocation minimum periods for DWI and DWAI.
Commercial driving privileges shall be revoked for a minimum one-year if the CDL holder commits a major traffic offense (MTO):
Conviction for an alcohol (DWI/DWAI) or a driving while impaired by drugs (DWAID) offense while operating any motor vehicle, personal or commercial;

5. Not to scare you but repeat offenders face lifetime CDL revocation.
A CDL holder with commercial driving privileges will be permanently revoked if the CDL holder commits one of the following MTOs:

Refusal to submit to a chemical test while operating any motor vehicle, personal or commercial;
Conviction for leaving the scene of either a property damage or personal injury accident without reporting, while operating any motor vehicle, personal or commercial;
Conviction for an alcohol or a driving while impaired by drugs (DWAID) offense while operating any motor vehicle, personal or commercial;
Conviction for a felony committed within or outside of NYS involving the use of any motor vehicle, personal or commercial; or
Conviction for operating a Commercial Motor Vehicle while his or her CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV, or conviction for causing a fatality through negligent operation of a CMV, including but not limited to, crimes of vehicular manslaughter or criminally negligent homicide.
and the CDL holder has previously:

Refused a chemical test while operating any motor vehicle, personal or commercial, or;
Was convicted for an MTO while operating any motor vehicle, personal or commercial; or,
Was convicted of leaving the scene of either a property damage or personal injury accident without reporting;
Been convicted of an alcohol related operating offense;
Been convicted of committing a felony involving the use of any motor vehicle; or
Operated a CMV while CDL was revoked, suspended, or canceled for prior violations, or if disqualified from operating a CMV or if convicted for causing a fatality through negligent operation of a CMV, including but not limited to, crimes of vehicular manslaughter or criminally negligent homicide.

You can get additional information on this web site, which includes forms for downloading, at: www.nysdmv.com.

Please Note: The CDL holder’s lifetime revocation can be lifted by the DMV after a period of 10 years has passed. The DMV commissioner will require that the driver show proof of rehabilitation through completed drug/alcohol treatment, a certificate of relief from disabilities from the Court of last conviction, and a clean driving record with no further alcohol/drug related charges including test refusals.