If an officer stops you while you are driving a commercial vehicle, and if he or she suspects you of driving under the influence of drugs or alcohol, you face harsh consequences. From losing your commercial license to possibly having to serve jail time, the penalties associated with a commercial DUI/DWI charge are serious and life-changing. Simon A. Kubiak, Attorneys At Law, PC aggressive advocate on behalf of the accused and are prepared to fight for your rights and your innocence.
New Mexico’s Commercial DWI Laws
New Mexico holds commercial drivers to higher standards than it does typical motorists. For instance, the driver of a non-commercial vehicle can legally operate a car, truck or van with a BAC of less than .08%. However, a commercial driver must keep his or her BAC below .04%. Anything above .04% is grounds for a DWI arrest.
The Penalties of a Commercial DWI
Commercial drivers who are convicted of DWIs are subject to the same criminal penalties as a standard motorist. Those include the following:
- Possible jail time
- Ignition interlock device (on non-commercial vehicles)
- Community service hours
- DWI school
- Alcohol screening and counseling
However, whereas most motorists who receive a DWI conviction aren’t at risk of losing their jobs, commercial drivers are. A commercial DWI is automatic grounds for license revocation. Immediately after arrest, the MVD will impose a 10-day administrative revocation. During those 10 days, you can request a hearing to challenge the charges. If your challenge fails, or if you fail to challenge them at all, the department will revoke your license for one year. If this is your second or subsequent DWI—whether a commercial one or not—you risk losing your commercial license indefinitely. If you were transporting hazardous or dangerous materials at the time of the stop, you face a revocation period of three years, even if you do not have prior DWI convictions.
Hire a DWI Attorney
At Simon A. Kubiak, Attorneys At Law, PC, we recommend that any driver who faces DWI charges hire an experienced DWI defense attorney in Albuquerque. However, as a commercial driver, you have more to lose, which is why it is more important than ever that you retain the skill, knowledge and experience of a veteran DUI defense lawyer. The right attorney can make a world of difference in the outcome of your case, as he or she is familiar with the law, legal system and viable defenses. To explore your options and begin building your case, contact our New Mexico law firm today.