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What We DoIf you drive for a living, a DWI charge can put your job at risk fast. Your CDL may be how you pay the mortgage, cover groceries, and support your family. Losing the ability to drive commercially for even a year can create a serious financial problem.
North Carolina generally uses the term DWI rather than DUI. Commercial drivers also face rules that do not always apply the same way to other motorists. A charge involving your personal vehicle can still affect your CDL. At the Law Office of Dewey P. Brinkley, we defend commercial drivers in Raleigh and Wake County facing DWI charges and worried about what comes next.
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Commercial drivers are held to a lower alcohol limit while operating a commercial vehicle. An alcohol concentration of 0.04 or higher can lead to a commercial DWI charge in North Carolina. There is also a separate offense for driving a commercial vehicle while alcohol remains in your system, even when the reading is below 0.04.
The consequences do not stop there. If you hold a CDL and are convicted of DWI while driving your personal car, you can still face a one-year disqualification from commercial driving.
This surprises a lot of drivers. They assume the CDL is safe because they were off the clock or driving the family car. It is not that simple.
Commercial drivers are held to a lower alcohol limit while operating a commercial vehicle. An alcohol concentration of 0.04 or higher can lead to a commercial DWI charge in North Carolina. There is also a separate offense for driving a commercial vehicle while alcohol remains in your system, even when the reading is below 0.04.
The consequences do not stop there. If you hold a CDL and are convicted of DWI while driving your personal car, you can still face a one-year disqualification from commercial driving.
This surprises a lot of drivers. They assume the CDL is safe because they were off the clock or driving the family car. It is not that simple.
A one-year CDL disqualification can mean one year without the job you trained for. Your employer may not have another position available. Even if the company wants to keep you, its insurance carrier or internal driving policies may make that difficult.
A conviction can also follow you when you apply somewhere else. Trucking companies, delivery services, bus operators, and other employers commonly review driving records before putting someone behind the wheel.
Don’t assume a limited driving privilege on your regular license will fix the problem. Commercial driving restrictions are handled separately. If your paycheck depends on a CDL, the licensing consequences deserve just as much attention as the criminal charge.
A first qualifying DWI conviction can result in a one-year CDL disqualification. If you were transporting hazardous material that required placarding, the disqualification can increase to three years.
A second qualifying major offense can be far worse. North Carolina law provides for lifetime CDL disqualification in certain cases, although state rules may later reduce some lifetime disqualifications.
You may also face the ordinary criminal penalties that come with a North Carolina DWI. Those penalties depend on the facts. Prior impaired-driving convictions, a high alcohol concentration, reckless driving, an accident, and other circumstances may affect sentencing.
Your case should be looked at individually. The fact that another driver received a certain outcome does not mean yours will end the same way.
A breath test result does not automatically end the case. You may need to examine the stop itself. Why did the officer pull you over? Was there a traffic violation, or did the officer claim your driving suggested impairment? What happened after the stop matters too.
Field sobriety tests can be affected by fatigue, injuries, medical conditions, poor lighting, uneven pavement, or confusing instructions. Commercial drivers may already be exhausted after long hours on the road.
Breath and blood testing can raise separate questions. The timing of the test, the equipment, required procedures, and how a sample was handled may all need review. The point is not to invent a defense. It is to look at what police actually did and whether the evidence supports the charge.
A CDL DWI case has two sides to worry about. One is the criminal charge, and the other is what happens to your commercial driving privileges. We can review the traffic stop, the officer’s observations, field sobriety tests, chemical testing, and the paperwork connected with your CDL.
Attorney Dewey P. Brinkley previously served as an assistant district attorney in Wake County. That experience gives our firm familiarity with how local DWI cases move through court. You should know what you are facing before you make decisions that could affect your license and your job.
At the Law Office of Dewey P. Brinkley, we represent CDL holders facing DWI charges in Raleigh and Wake County. We can review what happened, explain the possible consequences, and look for problems with the state’s case. Get legal help from the Law Office of Dewey P. Brinkley by calling our office at (919) 832-0307, or you can use the online form to schedule a free consultation and talk about your next step.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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