Operating a Commercial Vehicle While Intoxicated

The concerns of someone charged with a DWI, DUI or refusal in New Jersey, are often even more significant when the charge concerns operation of a commercial vehicle. Indeed, an individual holding a CDL and charged with a DWI, DUI or refusal not only faces the normal issues associated with a conviction, but a conviction can also result in a loss of their ability to work. The New Jersey DWI attorneys at the Law Offices of Jonathan F. Marshall can address these concerns and provide a thorough and diligent defense to the charges.

New Jersey DWI law makes it illegal to operate a motor vehicle with a BAC of 0.08% or higher. However, when it comes to operating a commercial vehicle, the legal limit for breath alcohol concentration actually becomes much lower. Under N.J.S.A. 39:3-10.13, it is illegal for someone to operate a commercial motor vehicle with a blood alcohol concentration in excess of 0.04%. In addition to a reduced tolerance for drinking and driving of a commercial vehicle, the law also provides for more stringent penalties, including suspension of the individuals commercial drivers license for one to three years. It must be kept in mind, however, that should the commercial vehicle operator’s blood alcohol concentration exceed the normal legal limit of 0.08%, he can expect to face a normal drinking and driving charge on top of a commercial motor vehicle DWI/DUI.

If you are confronted with a driving while intoxicated, driving under the influence or refusal charge involving operation of a commercial vehicle, our criminal defense attorneys can assist you. Please do not hesitate to contact our office immediately for a free consultation where an experienced defense attorney can address your concerns and explain how we may be able to help you.