Most people know that the legal BAC limit for drivers 21 and older is .08. However, if you are a commercial vehicle driver, the legal BAC level drops dramatically. Drivers must have a BAC level below .04 to legally operate commercial vehicles.
If you have been accused of drunk driving while operating a commercial vehicle, you should seek legal help right away. You can find the expert counsel you need from the criminal defense attorneys at Patrick J. Martinez & Associates.
Defining Commercial Drivers
Most commercial drivers have a special type of license in New Mexico. However, some drivers without a CDL may be considered commercial drivers. For instance, you could be held to commercial driver BAC levels if:
- You drive a vehicle with a capacity to transport 16 or more passengers (including the driver)
- You drive a vehicle to transport hazardous waste
With or without a CDL, you do not have to be “on the clock” to be held to commercial driver BAC levels. Determining if commercial BAC levels apply is at the police officer’s discretion.
Next Steps after a DWI
If you were arrested for drunk driving, you may still operate a commercial vehicle while the criminal case is pending. In order to prevent the suspension or revocation of your commercial driver’s license, you must request a hearing with the Motor Vehicle Department (MVD) within 10 days of the arrest. You must request this hearing in order to prevent losing your job simply because of an accusation.
Experienced Criminal Defense Attorneys in Albuquerque
The criminal defense attorneys at Patrick J. Martinez & Associates can help protect your rights, your livelihood and your innocence when you are facing DWI charges. If your BAC level was above the legal limit for commercial drivers, contact us to schedule a free initial consultation at our Albuquerque, NM office. We will investigate the circumstances surrounding your arrest and build a strong case in your defense. We also provide representation at all administrative proceedings at no extra cost.