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Originally Posted On: https://stevenellmanlaw.com/blog/can-i-get-a-commercial-license-with-a-dui-in-new-jersey-find-out-here/

Can I Get a Commercial License with a DUI in New Jersey? Find Out Here!

Can I get a commercial license with a DUI? Find out here! Click to learn more about DUI laws and your eligibility for a commercial license in New Jersey.

The trucking industry needs drivers — estimates suggest a shortfall of around 900,000 drivers by 2026!

But driving a commercial truck is not for everyone. Even if you enjoy driving on road trips, you may find it challenging to manage a truck for extended hours over many days.

As a result, truck drivers are always in high demand. A commercial driver’s license (CDL) can open doors to a lucrative career. However, a DUI conviction can impact your ability to obtain or maintain a CDL.

If want to be a trucker and have a DUI on your record, you’re probably wondering: Can I get a commercial license with a DUI in New Jersey? To find out, keep reading our guide below on DUI laws and CDL eligibility in New Jersey.

What Constitutes a DUI in New Jersey?

In New Jersey, a DUI is defined by your blood alcohol concentration (BAC) while operating a motor vehicle. The rules vary depending on the type of driver you are.

For regular drivers, a BAC of 0.08% or more means that you’re legally too impaired to drive. If you have a BAC of 0.07% or less, you won’t be in legal trouble after a breath test.

The standards are stricter for commercial drivers. If your BAC is 0.04% or higher, you risk losing your CDL. You can get a commercial driving license DUI even if you’re not driving a commercial vehicle at the time.

Penalties for Commercial Driving License DUI in New Jersey

Over 1.5 million people get DUI charges every year. As a CDL holder, you’re held to a higher standard than regular drivers and the penalties may be stricter.

Let’s explore the impact of DUI on CDL for commercial drivers.

Penalties for First Offense

For a first-offense DUI, while holding a CDL, you can expect the following penalties:

• Basic Driver’s License Suspension for 3 months
• CDL Suspension for a year
• Fines between $250 and $400
• Facing up to 30 days in jail
• You must attend an intoxicated driver resource center (IDRC) for 12 to 48 hours

If your BAC is 0.10% or higher, the penalties may increase. You can get a basic driver’s license suspension of seven months to one year. The fines can range from $300 and $500.

Penalties for Second Offense

The stakes are even higher for a second DUI offense. Some of the consequences you may face include:

• Lifetime CDL revocation
• Basic Driver’s License Suspension for two years
• Expect fines between $500 and $1,000.
• Jail time of about 48 to 90 days
• Up to 30 days of community service
• Attending an intoxicated driver resource center for 12 to 48 hours

Having a DUI can affect both your basic driving privileges and your career. If your livelihood is at stake, contact an experienced DUI attorney to fight your charges.

Other Impacts of a DUI on Your CDL

Aside from the post-DUI license laws, the impact of a DUI on your CDL can affect you further. In New Jersey, a DUI conviction can also lead to:

Rehabilitation Programs

If you’re convicted of a DUI in New Jersey, you may need to complete rehabilitation programs before you can regain your CDL. This may include:

• Regular drug testing
• Alcohol education programs
• DUI court referral programs
• Counselling sessions
• Substance use disorder treatment

Completing these programs helps demonstrate your commitment to recovery. It may be necessary if you want to reinstate your CDL.

Employment Challenges in the Transportation Industry

A DUI conviction can create huge barriers when looking for employment as a commercial driver. Most employers will conduct thorough background checks — about 94%. A DUI on your record can be a red flag, leading to disqualification from job opportunities.

Additionally, DUI charges can harm your professional image. This can make it hard to establish trust with your employers.

Increased Insurance Costs

Insurance companies often view a DUI as a huge risk factor. If you manage to get your CDL after a DUI, you are likely to face higher commercial vehicle insurance premiums. Some insurers may refuse to cover you.

DUI Commercial License Eligibility: Can I Get a Commercial License With a DUI in New Jersey?

The question on your mind is likely, “Can I get a commercial license with a DUI in New Jersey?” This question is complex since your DUI commercial license eligibility may depend on several factors:

The Severity of the Offense

A single, less severe DUI may not permanently bar you from getting a commercial license. However, multiple offenses can. Having a DUI involving aggravated circumstances such as a high BAC level or an accident can also negatively affect your commercial license eligibility.

Time Passed Since Conviction

The time elapsed since your DUI conviction can affect your eligibility. New Jersey law mandates a specific waiting period before you can apply for a commercial license after a DUI. Usually, you must wait for a minimum of one year from the date of your conviction.

Type of Commercial License Needed

Another critical factor is the type of CDL you are looking for. Getting a standard CDL after a DUI may be easier.

However, specialized endorsements such as hazardous materials (HAZMAT) have stricter requirements. Even a single DUI can disqualify you from getting a HAZMAT endorsement.

Steps to Apply for a CDL After a DUI in New Jersey

New Jersey reports about 26,500 DUI convictions each year. As a CDL holder, you may face a license suspension. But don’t there is a way back — here are the steps to apply for a CDL after a DUI in New Jersey.

Step 1: Complete Your Suspension Period

Before you can apply for a new CDL, ensure that you’ve completed the suspension period mandated by the court.

Ensure you fulfill the one-year suspension for a first DUI offense. Remember to keep all records of your suspension and any court documents. You may need these when applying for your CDL.

Step 2: Attend Required Programs

New Jersey requires you to participate in specific programs post-DUI. You will need to attend a minimum of 12 hours of education and evaluation regarding alcohol and drug use at the IDRC. What’s more, you may need to complete community service.

Step 3: Obtain a New Commercial Learner’s Permit (CLP)

Once your suspension is lifted, you can apply for a new CLP. Visit your local Motor Vehicle Commission (MVC) office to start your CLP application.

To receive your CLP, you will need to pass the required written knowledge tests. The tests allow you to practice driving a commercial vehicle under supervision.

Step 4: Pass the Skills Test

After holding your CLP for at least 14 days, you must pass the skills test. The test involves:

• Vehicle Inspection: Demonstrate your ability to inspect a commercial vehicle
• Basic Controls: Show the ability to operate the vehicle’s basic controls
• Driving Test: Prove your ability to operate a commercial vehicle safely

Passing the skills test demonstrates your commitment to meeting industry standards for safety. It can enhance your chances of getting a commercial driving license.

Step 5: Apply for Your CDL

With your CLP and all requirements fulfilled, you can apply for your CDL. Fill out the CDL application at the MVC. Make sure you bring the following documents with you:

• Proof of identity
• Medical certification
• Your driving record
• Your social security number
• Proof of New Jersey residency

You may also need to pay some fees. Additionally, expect a background check as part of the application process.

What Can You Do If You’re Facing a DUI Charge?

Worried about your commercial license eligibility after a DUI? Worry not — there are steps you can take to protect your CDL. Here’s what you can do:

Hire an Experienced DUI Attorney

Engage a lawyer who specializes in commercial driving license DUI cases. They possess extensive knowledge of the laws surrounding DUI offenses. With their expertise, DUI lawyers can come up with potential defenses to help your case.

They can use defenses such as issues with breathalyzer tests to create reasonable doubt. It can lead to a dismissal of your DUI charges or a favorable plea deal.

Request a Hearing With the New Jersey MVC

After a DUI charge, you have the right to challenge the suspension of your CDL. Start by requesting a hearing with the New Jersey Motor Vehicle Commission (MVC). It gives you a chance to present your case and possibly mitigate the suspension.

Gather Supporting Evidence

The right documentation can strengthen your DUI case. Some of these documents include:

• Witness statements
• Medical records
• Maintenance records for your vehicle

Such evidence can demonstrate your commitment to safety. They can help you construct a robust defense and challenge the prosecution’s claims. With this, you stand a chance of protecting your CDL from potential suspension.

Work With Qualified DUI Lawyers to Protect Your CDL

Still asking yourself, “Can I get a commercial license with a DUI in New Jersey?” The answer is a cautious yes. While a DUI can create obstacles to getting a CDL, it’s not an impossible challenge.

With Steven Ellman by your side, you can expect aggressive representation to protect your CDL. We have about 39 years experience of in successfully defending the most complex DUI cases. Get in touch with us to schedule a free consultation.