The State of New Jersey enacted a drunk driving statute prohibiting commercial drivers from operating a vehicle while under the influence of alcohol and drugs. N.J. Stat. Ann. § 39:3-10.20 (West 2010). The Commercial Driver License Act (hereafter, “the act”) lessens the blood alcohol concentration (hereafter, “BAC”) level from the DWI threshold of 0.08%, to the level of 0.04% for Commercial drivers. N.J. Stat. Ann. § 39:4-50 (West 2010); Id. However, commercial drivers also remain subject to DWI offenses. State v. Chun, 943 A.2d 114,125 (N.J. 2008).

A commercial driver is in per se violation of the act when the State is able to provide accurate results of a Breathalyzer test that show the commercial driver’s BAC level to be 0.04% or greater. N.J. Stat. Ann. § 39:3-10.20 (West 2010). Id. Violators are subject to suspension of commercial driving privileges for a minimum of one year but no greater than three years. Id. However, a commercial driver’s non-commercial driving privileges are not revoked so long as the driver’s BAC level is below 0.08%. N.J. Admin. Code § 13:21-23.28(e) (West 2010).

II. VIOLATORS OF THE CDL DWI STATUTE ARE REVOKED OF BASIC AND COMMERCIAL DRIVING PRIVILEGES WHEN THE DEFENDANT’S DWI OFFENSE IS PUNISHABLE BY A REVOCATION OF BASIC DRIVING PRIVILEGES.

Basic (i.e., non-commercial) driver privileges are a requisite to obtaining and maintaining a commercial driver license. N.J. Admin. Code § 13:21-23.28(b) (West 2010). Therefore a period of suspension of a basic license will revoke a commercial license for at least the same period of time. Id. When the State proves by Breathalyzer that a defendant, holding a commercial driver license, operated a vehicle with a BAC level of 0.08 or greater, DWI penalties are imposed irrespective of whether the vehicle was commercial. N.J. Admin. Code § 13:21-23.28(d) (West 2010). Under such circumstances, commercial driving privileges are suspended for as long as basic driving privileges are revoked under DWI Statute. (ID)

III. COMMERCIAL DRIVERS REMAIN SUBJECT TO THE JERSEY REFUSAL STATUTE IRRESPECTIVE OF WHETHER THE DRIVER IS IN OPERATION OF A COMMERCIAL VEHICLE.

When a CDL holder refuses to consent to an officer’s request for breath samples, the driver is in violation of the DWI Refusal Statute irrespective of whether the driver is operating a commercial motor vehicle. N.J. Admin. Code § 13:21-23.28(h) (West 2010).

A refusal to comply with an officer’s request to provide breath samples is the basis for a refusal conviction. N.J. Stat. Ann. § 39:4-50.4(a) (West 2010). Offenders are subject to a license suspension of no less than seven months but more than one year for first time offenders, in addition to fines ranging from $300 to $1,000. Second and third time offenders are subject to a two and ten year suspension, respectively, and are subject to fines ranging from $500 to $1,000. N.J. Stat. Ann. § 39:4-50.4(a)(b) (West 2010).