Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCLast reviewed . Law current as of October 2026.
A commercial driver faces two sets of consequences. In a commercial motor vehicle, the limit is 0.04% under N.J.S.A. 39:3-10.13. A first DWI or refusal in a commercial vehicle means a CDL suspension of one to three years (three years if hazardous materials were involved), and a DWI in your own car still costs the CDL for one year, under N.J.S.A. 39:3-10.20. A second violation means revocation of the CDL for life. These penalties come on top of the regular DWI penalties.
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The 0.04% limit in a commercial vehicle
Under 39:3-10.13, no one may operate a commercial motor vehicle in New Jersey with an alcohol concentration of 0.04% or more, or while under the influence of a controlled substance. That is half the 0.08% limit in the general DWI statute, 39:4-50.
CDL penalties under 39:3-10.20
| Violation | CDL consequence |
|---|---|
| First DWI (39:4-50) in a commercial vehicle, or a first violation of the 0.04% rule | CDL suspended 1 to 3 years |
| First refusal of a chemical test in a commercial vehicle | CDL suspended 1 to 3 years |
| Any of the above while carrying hazardous materials or in a placarded vehicle | CDL suspended 3 years |
| First DWI or refusal while driving a personal (non-commercial) vehicle | CDL suspended 1 year |
| Second violation from a separate incident (any combination of the above) | CDL revoked for life; MVC rules may allow a reduction to no less than 10 years |
The MVC imposes these suspensions in addition to any other penalty provided by law. Under 39:3-10.20(i), a conviction under the CDL statutes does not merge with a DWI or refusal conviction.
If your BAC was 0.04% to under 0.08%
For a first violation of the 0.04% rule with a BAC of at least 0.04% but under 0.08%, 39:3-10.20(n) says the court shall not suspend your basic driver license. It must instead order an ignition interlock on one non-commercial vehicle you own, lease or mostly drive, for as long as the CDL suspension lasts.
Other points
- A driver found in violation of the federal alcohol rules in 49 C.F.R. 392.5 is placed out of service immediately for 24 hours (39:3-10.20(m)).
- A DWI or similar conviction in another state counts as if it happened in New Jersey for a New Jersey CDL holder (39:3-10.20(h)).
- The court reports the conviction to the MVC, which notifies the national Commercial Driver License Information System (39:3-10.20(g)).
- The regular DWI penalties, including fines, IDRC and an ignition interlock, still apply. See first-offense DWI.
What to do after the arrest
- Keep every ticket and note whether you were in a commercial or personal vehicle.
- Tell your lawyer you hold a CDL before the first court date, since any plea or conviction can trigger MVC action on the CDL.
- Review discovery, including breath test records, with the CDL penalties in mind. See Alcotest 9510.
- Ask about how any plea offer would affect the CDL. See DWI plea agreements.
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- Breath test refusal
Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Alcotest 9510
The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
- Driving while suspended (39:3-40 / 2C:40-26)
Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.
- DWI plea agreements
For decades New Jersey banned plea bargaining in DWI cases under Guideline 4. Since February 2024, N.J.S.A. 39:4-50 allows a plea agreement on the prosecutor's recommendation with a factual basis.
- DWI in a school zone
New Jersey's school-zone DWI enhancement, N.J.S.A. 39:4-50(g), was deleted by P.L.2019, c.248. What that means today, and where school zones still matter for suspended drivers and drug charges.
- Underage DWI
New Jersey's underage drinking and driving law, N.J.S.A. 39:4-50.14: the 0.01% BAC threshold for drivers under 21, the 30- to 90-day license loss, community service, and when the regular DWI law applies instead.
Frequently asked questions
What is the legal limit for a CDL driver in New Jersey?
0.04% while operating a commercial motor vehicle, under N.J.S.A. 39:3-10.13. In a personal vehicle the general 0.08% limit applies.
Will a DWI in my own car affect my CDL?
Yes. Under 39:3-10.20(j), a first DWI or refusal in a non-commercial vehicle means a one-year CDL suspension.
Can I lose my CDL for life?
Yes. A second violation from a separate incident means lifetime revocation under 39:3-10.20(c). MVC rules may allow reduction to no less than 10 years in some cases.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
