There are many Rochester workers who rely upon a Commercial Driver’s License to perform their jobs.
Unfortunately for such drivers, a conviction for any offense involving drinking and driving or driving under the influence of drugs will, in almost all cases, result in the loss of all driving privileges related to commercial motor vehicles.
Most first time offenders convicted of a drug or alcohol related driving offense are eligible for a conditional license that will allow them to drive for work.
New York law, however, specifically states that any such conditional license is not valid for the operation of a commercial motor vehicle.
As a result, even if the defendant was not driving a commercial motor vehicle at the time of arrest, he or she will be barred from holding a Commercial Driver License following a conviction for any alcohol or drug related driving offense and this will remain in effect until the defendant’s full driving privileges are reinstated.
The law also specifically states that any effort by the sentencing judge to allow continued driving of a commercial motor vehicle, such as issuing a certificate of relief from disabilities stating that the defendant is allowed to operate a commercial motor vehicle, is not valid.
As a result, the only manner in which a person arrested for an alcohol or drug related driving offense may continue to drive a commercial motor vehicle is through complete acquittal of all such charges.
Holders of a Commercial Driver License also should be aware that refusal to submit to a chemical test (such as a breath test) will result in commercial driving privileges being revoked for eighteen months.
This revocation applies regardless of the outcome of the case in criminal court.
Protecting your driving privileges following a DWI arrest is important.
If you need legal help, call us at 585-484-7432.