Trucking DUI Lawyer

A DUI charge can be devastating for commercial drivers, putting your livelihood and future at risk. In New York, truck drivers are held to stricter standards than regular motorists, with a lower legal blood alcohol concentration (BAC) limit and harsher penalties. A conviction could mean losing your commercial driver’s license (CDL), heavy fines, and even jail time. At The Law Office of Mindy Paget Brill, we understand what’s at stake and are committed to providing aggressive legal defense for truck drivers facing DUI charges. If you’ve been accused of driving under the influence, contact us today to protect your CDL and fight for your future.

Drunk Driving Laws for Truck Drivers

Commercial truck drivers in New York are subject to stricter DUI laws than regular motorists due to the size and danger of commercial vehicles. Both state and federal regulations impose harsh penalties for truckers who are caught driving under the influence.

Lower BAC Limit for CDL Holders

While the legal blood alcohol concentration (BAC) limit for most drivers in New York is 0.08%, commercial drivers—including truck drivers—are held to a stricter limit of 0.04% under both New York law and Federal Motor Carrier Safety Administration (FMCSA) regulations. Even a small amount of alcohol can put a CDL holder over the legal limit.

Implied Consent and Mandatory Testing

Under New York’s implied consent law, CDL holders automatically agree to submit to chemical testing (breath, blood, or urine) when suspected of DUI. Refusing a test can result in:

• Immediate CDL suspension for at least one year (even for a first offense).
• Additional fines and penalties.
• Potential loss of employment.

Penalties for Trucking DUI in New York

A trucking DUI conviction can have severe consequences, including:

• License suspension or revocation – A first-time offense can result in a one-year CDL suspension, and a second offense leads to a lifetime disqualification.
• Fines and jail time – Fines can range from $500 to $10,000, with possible jail sentences depending on the circumstances.
• Employment loss – Many trucking companies have zero-tolerance policies for DUI convictions, making it difficult to find new work.
• Impact on personal driving privileges – A CDL suspension may also affect your standard driver’s license.

If you are a commercial driver facing DUI charges, you need experienced legal representation to protect your career and future. At The Law Office of Mindy Paget Brill, we aggressively defend CDL holders and fight to minimize or dismiss charges whenever possible. Contact us today to discuss your case.

The Importance of a Trucking DUI Lawyer

A DUI charge can be career-ending for a commercial truck driver. Unlike regular motorists, CDL holders face stricter regulations, harsher penalties, and long-term consequences that can impact their ability to work and earn a living. That’s why hiring an experienced trucking DUI lawyer is essential to protecting your license, livelihood, and future.

Why You Need a Skilled Attorney

1. Fighting License Suspension – A DUI conviction can result in a one-year CDL suspension for a first offense and a lifetime ban for a second. A lawyer can challenge the suspension and explore options to keep you on the road.
2. Challenging Evidence – Breathalyzer results, field sobriety tests, and police procedures aren’t always reliable. An experienced attorney can identify weaknesses in the prosecution’s case to get charges reduced or dismissed.
3. Negotiating for Reduced Penalties – Even if a dismissal isn’t possible, a skilled DUI lawyer can work to lower fines, reduce jail time, or help you retain limited driving privileges.
4. Protecting Your Career – Many trucking companies immediately terminate drivers with DUI convictions. A strong legal defense can help you avoid a conviction and safeguard your employment.

At The Law Office of Mindy Paget Brill, we understand the high stakes involved in a trucking DUI case. We fight aggressively to protect your rights, challenge the charges against you, and help you move forward with your career intact. Contact us today for a free consultation.

Common Defenses Against a Trucking DUI Charge

A DUI charge does not automatically mean a conviction. There are several legal defenses that may help truck drivers reduce or dismiss their charges. At The Law Office of Mindy Paget Brill, we analyze every detail of your case to identify weaknesses in the prosecution’s evidence. Below are some common defenses against a trucking DUI charge.

1. Challenging the Accuracy of BAC Tests

Breathalyzers and blood tests are not always reliable. Improper calibration, maintenance issues, or human errors can lead to inaccurate readings. If the testing equipment was not properly maintained or the test was administered incorrectly, we can challenge the results in court.

2. Questioning the Legality of the Traffic Stop

Law enforcement must have a valid reason to pull over a commercial driver. If there was no probable cause—such as erratic driving, a traffic violation, or reasonable suspicion of impairment—the stop may have been unlawful. Any evidence obtained from an illegal stop could be suppressed in court.

3. Disputing Field Sobriety Test Results

Field sobriety tests (FSTs) are subjective and unreliable, especially for commercial drivers who spend long hours on the road. Fatigue, medical conditions, poor weather, or uneven road surfaces can lead to inaccurate results. If the officer improperly conducted the test or failed to consider other factors, we may challenge the validity of the FST results.

4. Violations of Your Rights

If the police failed to inform you of your rights, coerced a confession, or did not follow proper procedures, we can argue that your rights were violated. Any illegally obtained evidence may be inadmissible in court, weakening the prosecution’s case.

5. Rising BAC Defense

Alcohol takes time to absorb into the bloodstream. If you had a drink shortly before being stopped, your BAC may have been below the legal limit while driving but rose above 0.04% by the time you were tested. This defense can be effective in challenging DUI charges.

6. Medical Conditions and Other Factors

Certain medical conditions—such as acid reflux, diabetes, or ketosis—can cause false positives on breathalyzer tests. Additionally, some medications or even mouthwash containing alcohol may trigger inaccurate BAC readings. If a medical issue or other factor played a role in your case, we can present this as part of your defense.

A DUI conviction can have life-altering consequences for truck drivers, but you don’t have to face these charges alone. At The Law Office of Mindy Paget Brill, we fight aggressively to challenge DUI accusations and protect your livelihood. Contact us today for a free consultation to discuss your defense options.

The Difference Between a Regular DUI and a Trucking DUI

DUI charges are serious for any driver, but for commercial truck drivers, the consequences are even more severe. Truckers are held to stricter legal standards, face harsher penalties, and risk losing their livelihood if convicted. Below are the key differences between a regular DUI and a trucking DUI in New York.

1. Stricter Blood Alcohol Concentration (BAC) Limit

• For regular drivers, the legal BAC limit in New York is 0.08%.
• For commercial drivers (CDL holders), the limit is 0.04%—half of what’s allowed for non-commercial drivers.
• Even if a truck driver’s BAC is below 0.08%, they can still be charged with a DUI under federal and state laws.

2. Harsher Penalties for Truck Drivers

A regular DUI can result in fines, license suspension, and even jail time. However, a trucking DUI carries much more severe consequences, including:

• CDL Suspension – A first-time DUI can result in a one-year CDL suspension, even if the driver was off-duty at the time. A second offense leads to a lifetime disqualification.
• Employment Loss – Many trucking companies immediately terminate drivers convicted of DUI, making it difficult to find future work.
• Higher Fines and Possible Jail Time – Commercial drivers face steeper fines and longer jail sentences compared to regular drivers.

3. DUI Applies Even When Driving a Personal Vehicle

One major difference between a regular DUI and a trucking DUI is that CDL holders are subject to the same strict standards even when driving their personal vehicle. If a commercial driver is convicted of DUI while off-duty in their private car, they can still face a CDL suspension, putting their career at risk.

4. Additional Federal Regulations

Unlike regular drivers, commercial truck drivers are regulated by the Federal Motor Carrier Safety Administration (FMCSA), which enforces strict DUI laws. CDL holders must also comply with:

• Random alcohol and drug testing as part of their employment.
• Zero-tolerance policies with many trucking companies.
• Higher insurance premiums and difficulty getting hired after a DUI conviction.

If you are a commercial truck driver facing DUI charges, your career and future are on the line. At The Law Office of Mindy Paget Brill, we understand the unique challenges truckers face and are committed to fighting for your rights. Contact us today for a free consultation and let us help protect your CDL and livelihood.

Can You Get a Trucking DUI Expunged?

If you are a commercial truck driver convicted of a DUI in New York, you may be wondering if you can have it expunged or removed from your record. Unfortunately, New York does not allow DUI expungement, meaning the conviction will remain on your criminal record and driving history permanently. However, there are still ways to minimize its impact on your career and future.

1. Can a Trucking DUI Be Sealed or Expunged in New York?

Unlike some states that allow DUI convictions to be expunged or sealed, New York law does not provide this option for any DUI, including those involving CDL holders. This means:

• A DUI conviction will stay on your criminal record for life.
• A DUI will remain on your driving record for at least 15 years, impacting employment opportunities and insurance rates.
• CDL holders face stricter penalties, including disqualification from driving commercially.

2. Are There Any Alternatives to Expungement?

Although a trucking DUI cannot be erased from your record, there are legal strategies to reduce its impact:

• Appealing a Conviction – If errors were made in your case, you may be able to appeal the conviction or seek a post-conviction motion.
• Seeking a Reduction – In some cases, an experienced DUI lawyer can negotiate to have the charge reduced to a lesser offense, such as reckless driving, which does not carry the same penalties.
• Applying for a Conditional License – While a CDL cannot be reinstated early, you may be able to apply for a conditional license for personal driving.
• Demonstrating Rehabilitation – If your DUI has impacted employment opportunities, showing completion of alcohol education programs or rehabilitation courses may help in job applications.

3. How a Trucking DUI Affects Your Career

A DUI conviction is particularly damaging for CDL holders because:

• It remains on your driving record for at least 15 years.
• Many trucking companies have zero-tolerance policies for DUI convictions.
• A second trucking DUI results in a lifetime CDL disqualification, making it impossible to drive commercially again.

Protect Your Future – Contact a Trucking DUI Lawyer

If you have been charged with a DUI as a commercial truck driver, you need strong legal representation to protect your CDL and your career. At The Law Office of Mindy Paget Brill, we fight aggressively to challenge DUI charges, negotiate reductions, and explore all possible legal options to safeguard your future. Contact us today for a free consultation.

Frequently Asked Questions About Trucking DUI Charges

1. What Is the Legal BAC Limit for Truck Drivers in New York?

For commercial drivers in New York, the legal blood alcohol concentration (BAC) limit is 0.04%, which is half the limit for regular drivers (0.08%). Even a small amount of alcohol can result in a DUI charge for a truck driver, making it crucial to stay below this threshold.

2. Can I Lose My CDL for a First-Time DUI?

Yes, a first-time DUI conviction can result in the suspension of your commercial driver’s license (CDL) for up to one year. If the offense occurred while driving a commercial vehicle, the suspension can be lengthened. A second DUI offense can lead to a lifetime CDL disqualification.

3. Can I Be Arrested for a DUI While Driving My Personal Vehicle?

Yes, CDL holders are subject to stricter DUI laws even when driving their personal vehicle. If you are arrested for a DUI in your personal car and your BAC is above 0.04%, you can still face a CDL suspension.

4. Can a Trucking DUI Be Expunged in New York?

No, New York does not offer expungement or record sealing for DUI convictions, including those involving commercial drivers. However, there may be options for reducing penalties, appealing the conviction, or seeking a conditional license for personal driving.

5. How Can a Trucking DUI Affect My Job?

A DUI conviction can have serious consequences for your trucking career. Many trucking companies have zero-tolerance policies for DUI convictions, and you may face job loss. Additionally, a DUI conviction can make it difficult to secure future employment as a truck driver.

6. What Should I Do if I’m Arrested for a Trucking DUI?

If you’re arrested for a trucking DUI, it’s important to remain calm, avoid self-incrimination, and contact a skilled DUI attorney immediately. An experienced lawyer can help you navigate the legal process, challenge evidence, and protect your CDL.

7. Can I Continue Driving While My CDL Is Suspended?

No, if your CDL is suspended, you cannot drive commercially until your suspension period is over or your CDL is reinstated. Depending on the situation, you may be eligible to apply for a conditional license for personal driving.

8. How Can a Trucking DUI Lawyer Help Me?

A trucking DUI lawyer can help by challenging the evidence against you, negotiating for reduced penalties, and exploring legal defenses to avoid a conviction or reduce its impact on your CDL and career. An attorney can also provide guidance on license reinstatement and other legal options to protect your livelihood.