Operating a Commercial Motor Vehicle (CMV) with a prohibited Alcohol Concentration (CDL/DWI), N.J.S.A. 39:3-10.13 11
! Person shall not operate a Commerical Motor vehicle (GVWR 26,001 lbs or more)
! With an alcohol concentration of 0.04% or more (N.J.S.A. 39:3-10.11 definition “Alcohol Concentration”)
! Or while under the influence of a controlled substance
! Merger of offense with a violation of N.J.S.A. 39:4-50 DWI or N.J.S.A. 39:4-50.2 DWI Refusal is prohibited, N.J.S.A. 39:3-10.20i.
In addition to any other penalty for aviolation of specified MV offenses*
1 st Offense 1st Offense WhileTransporting Haz Mat or displaying
Haz Mat placard
2nd or subsequent Offensefor any violation 39:3-10.20a
or combination from 2 or moreseparate incidences
CDL Endorsement Suspended 1 to 3 years39:3-10.20a 3 years39:3-10.20b For life39:3-10.20c
CDL Endorsement Revocation39:3-10.20e For life if a CMV used in commission of a crime involving manufacture, distribution or dispensing CDS oranalog, or possession with intent to manufacture, distribute or dispense CDS or analog
CDL Endorsement SuspensionFor Serious Traffic violations,
Not less than 60 days from separate incidents within 3 year period 120 days from separate incidentswithin 3 year period
* The specified MV offenses under N.J.S.A. 39:3-10.20a. for which penalties are imposed in addition to any other penalty are: (1) DWI in CMV, N.J.S.A.39:4-50 or 39:3-10.13; (2) leaving scene in a CMV, N.J.S.A. 39:4-129; (3) using a CMV in commission of any crime as defined at N.J.S.A. 2C:1-4a, c, or d;
(4) refusal to submit to chemical breath tests, N.J.S.A. 39:4-50.2 or 39:3-10.24; violation of N.J.S.A. 39:3-10.18(b)(1).
** A serious Traffic violation, is defined at N.J.S.A. 39:3-10.11 as: (a) excessive speeding at speed of 15 or mph above speed limit; (b) reckless driving,including, but not limited to, driving a CMV “in willful or wanton disregard of the safety of person or property, including violations of N.J.S.A. 39:4-96"; (c)
Improper or erratic traffic lane changes; (d) Following too closely, including violations of N.J.S.A. 39:4-89; (e) a violation arising in connection with a fatalaccident, of laws relating to motor vehicle traffic control, other than parking; (f) any other violation of State or local law relating to motor vehicle traffic as
determined by the Secretary of USDOT at 49 C.F.R. §383.5 as a serious traffic violation.
CDL/DWI Refusal TO SUBMIT TO CHEMICAL BREATH TESTING , N.J.S.A. 39:3-10.24f 12