Can you get a commercial driver's license with a DUI?

It depends on the timing and circumstances of the DUI. A DUI conviction can result in mandatory CDL disqualification periods under both New Jersey and federal law, meaning you cannot obtain or hold a CDL during that time. A first DUI conviction typically results in a one-year CDL disqualification, while a second conviction can lead to lifetime disqualification. Even after the disqualification period ends, a DUI conviction remains on your driving record and may make it harder to qualify for employment, insurance, or employer approval, even if the MVC allows you to apply for a CDL again.

What are the BAC limits for CDL drivers in NJ, and when do these limits apply?

Commercial drivers are held to stricter alcohol standards than non-commercial motorists. When operating a commercial motor vehicle, a CDL holder is considered legally impaired with a blood alcohol concentration (BAC) of 0.04%, which is half the standard limit for non-commercial drivers. As a result, CDL holders face serious consequences even when alcohol consumption might not lead to a DUI charge for other drivers. This lower threshold applies only while driving a commercial vehicle. However, a DUI conviction involving a higher BAC in a personal vehicle can still trigger CDL disqualification.

Can you lose your CDL for getting a DUI?

Yes. A DUI conviction triggers mandatory CDL disqualification under state and federal law. For a first conviction, a CDL holder faces a minimum one-year disqualification, or three years if the offense involved transporting hazardous materials. A second conviction generally results in lifetime CDL disqualification. Once disqualified, a CDL holder cannot drive commercially for any purpose, regardless of employment necessity, financial hardship, or job requirements. Courts and licensing authorities do not have discretion to shorten or waive these disqualification periods once a conviction is entered.

Can you get your CDL back if you get a DUI?

In some cases, yes, you can get your CDL back after a DUI, but it depends on your offense history. After a first DUI conviction, a CDL holder may be eligible to regain commercial driving privileges once the mandatory disqualification period ends and all reinstatement requirements are met. A second DUI conviction typically results in lifetime CDL disqualification, although limited reinstatement may be possible after a long waiting period under strict federal rules. Even when reinstatement is legally allowed, drivers often face significant barriers, including employer restrictions, insurance issues, and permanent marks on their driving record that affect future employment opportunities.

Does refusing a breath or blood test affect my CDL differently?

Yes. For CDL holders, refusing a breath, blood, or urine test carries especially serious consequences. Under federal commercial driver regulations, a refusal is treated as a disqualifying event, even if no DUI conviction ultimately occurs. A test refusal can trigger mandatory CDL disqualification periods similar to those imposed for a DUI conviction, including a minimum one-year loss of commercial driving privileges for a first offense and longer penalties for subsequent violations. In New Jersey, a refusal may also lead to separate state penalties. Because the consequences extend beyond the criminal case, CDL drivers should seek legal guidance immediately before making decisions about testing.

New Jersey CDL DUI Attorney | Commercial Driver DUI Lawyer in Hamilton, NJ

Commercial Driver DUI Lawyer in Hamilton, NJ, Helping Workers Charged With Drunk Driving Preserve Their Careers and Their Future Through Effective Legal Defense

Driving under the influence of alcohol is illegal in New Jersey, but for commercial drivers, the standards are stricter, and the penalties are more far-reaching. Not only could you lose your livelihood if convicted of a DUI, but you can also face charges with a much lower measure of alcohol in your system. You need a New Jersey CDL DUI attorney who recognizes how much is at stake and aggressively defends your interests.

At The Scardella Law Firm LLC, we have a track record of getting DUI/DWI charges dismissed or reduced, negotiating favorable DUI plea bargains, and minimizing the consequences of drunk driving charges. We’re here to stand with you against a system that threatens your freedom, your financial stability, and your ability to continue providing for your family.

When charged with a DUI as a CDL holder, you need to act quickly. Waiting too long to get legal help compromises your ability to craft an effective defense strategy, and in the meantime, you could face administrative action by the Motor Vehicle Commission (MVC) that jeopardizes your commercial driver’s license even before a conviction occurs.

Putting together the strongest possible defense begins with bringing on trusted legal counsel. Contact us today for a free 15-minute phone consultation with an experienced commercial driver DUI lawyer in Hamilton, NJ, and start building your legal strategy.

Facing Criminal Charges? We Can Help.

When your rights, freedom, and future are at risk, you need a strong defense. Lauren Scardella fights aggressively for her clients at every stage of the legal process. Contact us today to schedule your free consultation.

Understanding BAC Limits and DUI Consequences for CDL Holders in New Jersey

Both state and federal regulations apply to matters involving commercial drivers charged with DUI offenses. These laws can disrupt your career and impact your freedom, so it’s critical that you understand what’s at stake and what you can do to protect your future.

General and Commercial Driver DUI Laws in NJ

In New Jersey, the general offense of drunk driving is outlined under N.J.S.A. 39:4-50. Under this statute, the charge can be applied to a motorist who is accused of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or more or of driving “under the influence” even with a lower BAC. However, a separate regulation applies to operators of commercial vehicles.

Under N.J.S.A. 39:3-10.13, it’s unlawful to operate a commercial vehicle with a BAC of just 0.04% (or while otherwise “under the influence” of alcohol or drugs). That means you could face serious charges with a blood alcohol level that’s half what would necessarily trigger these charges if you were driving a personal vehicle instead of a commercial one.

Federal Regulations That Affect CDL Holders Charged With DUI

At the federal level, the laws that pertain to drunk driving charges for CDL holders are part of the Federal Motor Carrier Safety Regulations (FMCSRs).

49 CFR Part 383 establishes notification requirements and mandatory disqualification periods for DUI convictions, with 49 CFR § 383.51 specifically addressing minimum periods of CDL disqualification.
49 CFR Part 382 addresses FMCSA Drug & Alcohol Testing Regulations, including employer requirements to conduct testing, reporting requirements for positive test results, and the circumstances under which a DUI arrest or citation can constitute a violation of these rules.
49 CFR § 391.15 defines disqualifying offenses, including DUI charged on the basis of operating a commercial vehicle with a BAC of 0.04% or above.

Together, these federal provisions mean that a DUI conviction for commercial drivers doesn’t just trigger state license penalties but also mandatory federal disqualification periods that all states must enforce under FMCSA rules. Violations can further affect a driver’s standing in the FMCSA Drug and Alcohol Clearinghouse database, impacting eligibility to drive a commercial vehicle in any state.

The Penalties for a DUI Conviction as a CDL Holder

A DUI conviction carries far more severe consequences for commercial drivers than for non-CDL motorists. These consequences are mandatory, not discretionary, if you’re convicted, which is why you need to fight the charges with every resource available.

Commercial driver’s license loss: The first conviction leads to a minimum 1-year CDL disqualification or a three-year disqualification if the offense involved transport of hazardous materials. A second conviction generally leads to lifetime CDL disqualification.
Loss of standard driver’s license: A CDL DUI conviction can also result in suspension of your standard driver’s (Class D) license under New Jersey law. These penalties apply separately from CDL disqualification and may include periods of complete suspension followed by restricted driving privileges.
Ignition interlock requirements: A DUI conviction may require installation of an ignition interlock device on any vehicle the driver owns, leases, or regularly operates, even if the driver is not permitted to operate a commercial vehicle.
Financial penalties: DUI convictions carry significant financial consequences, including court fines, statutory assessments, Motor Vehicle Commission surcharges, and ignition interlock costs. For CDL holders, these expenses can add up quickly and are imposed in addition to lost income resulting from license disqualification.

A DUI conviction carries mandatory and severe consequences for commercial drivers in New Jersey. Even a first offense can hit you with significant financial penalties and restrictions that prevent you from earning a living as a CDL holder.

A CDL DUI Can End Your Career

Don’t underestimate the impact a commercial DUI can have on your future. Even a first offense results in at least a one-year CDL disqualification, regardless of whether the incident occurred in a commercial or personal vehicle. During this period, you won’t be able to legally operate any commercial motor vehicle, even if your basic license privileges are later restored.

This outcome often leads to immediate job termination and can continue to impact you long after the one-year suspension period. The permanent damage to driving and employment records can make it difficult to obtain commercial driving positions in the future and pose issues in securing employer insurance coverage.

For many drivers, a DUI conviction effectively ends a commercial driving career, even after the suspension period expires. A CDL suspension in New Jersey follows the driver nationwide, which means that you cannot avoid disqualification by transferring or applying for a CDL in another state.

If you’re able to maintain your career in spite of the obstacles posed by a first conviction, you need to recognize the consequences of a repeat commercial DUI. A second conviction can lead to lifetime loss of commercial driving privileges. Although limited reinstatement opportunities may be possible after 10 years under specific circumstances, strict federal conditions must be met. Reinstatement is not guaranteed, and many former CDL holders don’t qualify for reinstatement of their commercial driving privileges even after many years have passed.

The Difference a Commercial Driver DUI Lawyer in Hamilton, NJ, Can Make

The harsh penalties imposed in the event of a commercial driver DUI are automatic upon conviction. Once a conviction enters the record, courts and the MVC have no discretion to waive CDL disqualification periods. To protect your license and livelihood as fully as possible, you need to take immediate action and retain a New Jersey CDL DUI attorney who is prepared to fight aggressively for you.

The good news is that you still have an opportunity to defend against DUI charges. For CDL holders, the loss of commercial driving privileges is triggered by conviction, not merely arrest (although a separate administrative action based on the arrest or charge could potentially result in license suspension pending resolution of the DUI case).

This means that, depending on the circumstances, it may be possible to keep your CDL and your career intact while building a defense strategy that could also help you minimize the risk of a longer-term commercial driver’s license suspension.

Through effective criminal defense advocacy, it may be possible to:

Challenge the DUI charge aggressively
Seek dismissal, reduction, or non-DUI resolutions where legally possible, which can help you avoid CDL disqualification
Address both criminal and motor vehicle consequences together

A strong defense is the key to minimizing the consequences of a CDL DUI, and early legal intervention is a critical component of developing the most effective defense strategy possible. To avoid making mistakes that could undermine your case and position your defense for the most favorable resolution possible, you should consult a commercial driver DUI lawyer in Hamilton, NJ, as soon as possible. Doing so provides your attorney with the time necessary to fully analyze the facts of your case, develop a customized legal strategy, and begin negotiations with the prosecutor at the optimal time.

How The Scardella Law Firm LLC Can Help Commercial Drivers Charged With DUI

As an experienced New Jersey CDL DUI attorney, The Scardella Law Firm LLC explores every angle for obtaining favorable resolutions for the clients we serve. That means:

Analyzing the details of the DUI traffic stop and your arrest to determine whether law enforcement followed proper procedures
Questioning the accuracy of breath test results, including whether breathalyzer devices were properly calibrated and whether the officer performing the test was properly trained to do so
Filing motions to have any improperly obtained evidence suppressed so that it cannot be used in court, weakening the case against you
Seeking dismissals or reductions of charges if the facts of the case support these outcomes
Negotiating a plea bargain that can help you avoid a conviction that would trigger CDL disqualification
Presenting a strong, compelling case in your defense at court with the goal of securing a not-guilty trial verdict

At our firm, we recognize that a DUI is more than an inconvenience and a temporary financial burden when you drive for a living. The career you’ve built is at risk, and so is your ability to provide for yourself and your family. We focus on strategies that align with the unique needs of CDL holders, putting your priorities first.

Exploring All Legal Defense Strategies for CDL DUI Cases in New Jersey

We consider all options as we build a targeted defense strategy tailored to the facts of your case. Some of the most common strategies to defend a CDL DUI charge in NJ include:

Challenging the legality of the traffic stop: If law enforcement lacked reasonable suspicion or probable cause to stop the vehicle, evidence gathered afterward may be suppressed.
Questioning the validity of field sobriety testing: Field sobriety tests are subjective and may be unreliable, especially for commercial drivers dealing with fatigue, medical conditions, or uneven roadside conditions.
Challenging breath, blood, or urine test results: Breathalyzer calibration issues, improper testing procedures, or problems with blood sample handling can undermine the accuracy of BAC results.
Disputing whether the driver was “operating” the vehicle: In some cases, the prosecution cannot prove that the driver was actually operating or in control of the vehicle at the time alleged.
Examining compliance with CDL-specific testing and reporting rules: Errors in how testing was ordered, administered, or reported, especially under FMCSA drug and alcohol regulations, can be critical in CDL cases.
Arguing lack of proof beyond a reasonable doubt: The State must prove every element of a DUI charge. Any weaknesses in observations, documentation, or witness testimony can support dismissal or acquittal.
Seeking non-DUI resolutions where legally available: In appropriate cases, defense counsel may negotiate for outcomes that avoid a DUI conviction and, in turn, mandatory CDL disqualification.

The best defense for your specific situation depends on the facts involved in your case.

Providing Personal Support and Attention to Every Client

With so much on the line, it’s difficult not to worry about the outcome of your DUI case. At The Scardella Law Firm LLC, we minimize the stress of the legal process for our clients. We’re here to serve as your trusted resource, providing reliable answers to your questions and advocating for your rights during and after DUI arrest and your legal protections at every stage of the process. With personalized attention and full-service support for defending against drunk driving charges, we make every effort to provide peace of mind during this difficult time.

Why Choose The Scardella Law Firm LLC as Your New Jersey CDL DUI Attorney?

When truck drivers and others who make their living operating commercial vehicles need dedicated legal defense, they turn to The Scardella Law Firm LLC. Clients choose us as their New Jersey CDL DUI attorney based on our history of getting results, a varied skillset that supports resolution through different avenues, and our willingness to consider often overlooked strategies.

A Record of Favorable Results in DUI Matters

Our firm has a history of securing favorable results for the clients we serve, including clients facing DUI charges. In past cases, we have successfully helped our clients get charges dismissed and negotiated plea deals that allow our clients to receive minimal sentences.

Skills in Legal Strategy, Mediation, and Conciliation

For commercial drivers facing DUI charges, a defense must be more than just aggressive to be effective. It needs to be strategic, taking into account the full extent of consequences, your priorities (such as keeping your CDL intact), and the strengths and weaknesses of your case. Drawing on a combination of well-developed legal strategy and skills in mediation and conciliation, our firm is well-suited to implement calculated efforts to obtain the most beneficial outcome possible.

Success Through Out-of-the-Box Solutions

Our commitment to constructing smart, out-of-the-box legal strategies has helped us effectively defend our clients against charges that could impact their future. We’re equipped to consider solutions beyond the obvious, thinking critically and creatively about how to approach your defense with one goal in mind: minimizing the impact of the DUI charge on your life.

Contact a New Jersey CDL DUI Attorney at The Scardella Law Firm LLC Today for a Free 15-Minute Consultation

Every CDL holder facing DUI charges can take advantage of a free, confidential consultation at The Scardella Law Firm LLC. We recognize the value of legal guidance, and we’re prepared to answer your questions, advise you of your rights, and provide initial feedback to help you make an informed decision about your next move.

For help from a commercial driver DUI lawyer in Hamilton, NJ, who’s prepared to advocate tirelessly for you, contact The Scardella Law Firm LLC online or call 609.371.5285 today.