A driver may not operate a CMV with a blood alcohol content (BAC) of .04% or greater while under the influence of a controlled dangerous substance. Any driver convicted of this violation will face a one to three year suspension of his CDL for a first offense. However, if the CMV was transporting a hazardous material, or if the CMV displayed a hazardous material placard, then the court must suspend the driver’s CDL for three years. If the violation is the driver’s second offense of driving with a prohibited BAC, or if a driver was previously convicted of driving a CMV while drunk, refusal to submit to a breath test while operating a CMV, leaving the scene of an accident while operating a CMV, using a CMV in the commission of a crime, or driving a CMV while his CDL was revoked, or suspend, then the court must suspend the driver’s CDL for life.

A driver who is convicted of drunk driving, N.J.S.A. 39:4-50 while operating a commercial motor vehicle faces that same penalties as anyone convicted of drunk driving. However, a driver who is convicted of N.J.S.A. 39:4-50 while operating a CMV also faces a one to three CDL suspension for a first offense. If the CMV was transporting hazardous material, the court must suspend the driver’s CDL for thee years. A second, or subsequent offense will give the driver a lifetime suspension of his CDL.

A driver with a CDL will not have his or her CDL suspended for these statutory periods if the driver was not operating a CMV at the time of the violation. However, while the driver’s basic driving privilege is suspended because of a drunk driving conviction, so is his CDL. Therefore, a first offense will subject a driver to a 6 month suspension of both the basic driving privileges and the CDL.

A driver may be charged with refusing to submit to a breath test, N.J.S.A. 39:4-50.2, if the State shows by a preponderance of the evidence, that the arresting officer had probable cause to believe that the defendant operated a CMV while under the influence of alcohol or CDS. If convicted and if it is driver’s first offense, the court must suspend the driver’s basic driving privilege for six months, and his CDL for one to three years. If the CMV was transporting or was placarded as transporting a hazardous material, the CDL must be suspended for three years. The driver must also attend an alcohol education or rehab program. A second or subsequent offense, subjects a driver to a two-year suspension of the basic driving privilege, and a lifetime suspension of the CDL.

A driver may also be convicted of refusing to submit to a breath test, if the State can prove by a preponderance of the evidence, that the arresting officer had reasonable grounds to believe that he or she was operating a CMV with a BAC of .04 % or more. When convicted of this offense, the driver is subject to a fine of $252 - $502. Additionally, the court must suspend the driver’s CDL for six months, and his or her CDL for one to three years.