For Commercial Driver’s License (CDL) holders in New York, being charged with Driving While Intoxicated (DWI) carries severe consequences beyond a typical DWI case. A DWI conviction can jeopardize your livelihood, as strict regulations apply to commercial drivers.
Even a blood alcohol concentration (BAC) of 0.04% can result in serious penalties, compared to the 0.08% threshold for non-commercial drivers. A first DWI conviction can lead to a one-year suspension of your CDL, while a second conviction may result in a lifetime revocation, making it crucial to mount a strong defense.
Here, our Albany criminal defense attorneys at O’Brien & Eggleston PLLC discuss critical strategies to defend your livelihood if you are a CDL holder facing a DWI charge in New York.
A DWI charge threatens not only your CDL but your entire career as a commercial driver. Working with our experienced DWI attorneys who understand the nuances of CDL cases in New York is essential.
Every CDL DWI case is unique, requiring personalized defense strategies tailored to the specific circumstances of the charge to protect the driver’s livelihood, which may include:
The legality of the traffic stop is one of the first defenses to explore. The entire case could be thrown out if the officer did not have probable cause to pull you over. Our experienced attorneys will analyze dashcam footage, witness testimony, and the officer’s report to challenge the stop.
Field sobriety tests (FSTs) are often subjective and prone to errors, especially for CDL holders, who may be more susceptible to failing due to long hours on the road, exhaustion, or medical conditions. Our skilled defense attorneys can argue that poor performance on an FST was not due to intoxication.
Breathalyzer and blood test results can be inaccurate due to improper calibration, testing errors, or equipment malfunction. Our defense team can request the machine’s maintenance records or challenge the procedures followed during testing.
In some cases, you may be eligible for a conditional license that allows you to continue driving for work purposes, even after a DWI conviction. This can provide temporary relief and protect your employment while resolving your case.
A common strategy is negotiating a plea deal to a lesser charge, such as a traffic violation or non-alcohol-related offense, which may avoid CDL suspension. Our knowledgeable attorneys, who know each detail of New York’s DWI laws, can negotiate with the prosecutor for a favorable outcome.
Depending on the circumstances, you may qualify for New York’s diversion programs, which focus on rehabilitation rather than punishment. Completing these programs could reduce the charges or penalties against you.
Understanding your rights and legal options can be the difference between keeping and losing your ability to drive commercially. We can help.
Contact our Albany County DWI defense lawyers at O’Brien & Eggleston PLLC today by calling (518)-391-2369 or online to ensure your rights are protected. We have a strong track record of producing real results for our clients. Allow us to pursue the best outcome for your case, too.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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