One of the most serious risks to a commercial driver’s license is being arrested for driving under the influence (DUI). A DUI arrest can not only impact driving privileges, but for CDL holders, it can mean being out of a job. Because of the severity of commercial driver DUI penalties you could face, one of the most important things you can do if you’ve been charged with this crime is to hire a trusted attorney.
A lawyer with experience will be able to help you understand CDL DUI laws and assist you in planning a robust defense so that you can avoid the most serious consequences. Learn more about how DUI affects CDL holders and what your rights are.
Blood Alcohol Limits for Commercial Operators
CDL drivers have stricter blood alcohol concentration (BAC) limits than other drivers when operating a commercial vehicle. Unlike the BAC limit for drivers in non-commercial vehicles, which is 0.08%, the BAC limit for a commercial driver is 0.04% while operating a commercial vehicle. These federal regulations are set forth by the Federal Motor Carrier Safety Administration and apply throughout the country without exception.
CDL drivers driving non-commercial vehicles are subject to the 0.08% BAC limit, not the 0.04% BAC limit. Meaning, if you’re driving a personal vehicle at the time of the arrest, your BAC limit will be 0.08%, but a DUI conviction for exceeding that level will still impact your CDL license. You should also understand that refusing to take a breath or blood test after being lawfully arrested for DUI can also result in a license revocation, resulting in a potential disqualification of your commercial license.
There are stricter penalties for holders of these licenses because they operate vehicles that can cause catastrophic damage when involved in accidents. Commercial vehicles, such as trucks, carry heavy loads and require more stopping distance.
Immediate Administrative Actions and Mandatory Employer Notifications
The consequences of being charged with a DUI as a commercial driver are potentially drastic. The California Department of Motor Vehicles (DMV) will likely give you a CDL license suspension period of a year.
In California, CDL holders arrested for DUI face a one-year revocation of their Class A or Class B commercial driver’s license, if they suffer an administrative suspension by the Department of Motor Vehicles, or are convicted of DUI in criminal court.
As such, in order to avoid a CDL revocation altogether, a CDL holder needs to win the administrative hearing in front of the DMV, and have their DUI charges dismissed, reduced, or be acquitted of DUI at trial. CDL holders arrested for a multiple offense DUI are facing a lifetime revocation of their CDL, and will also have to avoid suffering an administrative suspension and DUI conviction in court in order to avoid a lifetime CDL revocation.
Because of the serious DUI conviction impact on CDL licenses, you should consult with a CDL DUI attorney. A lawyer can help you immediately request a hearing to challenge the suspension period. You must do this within 10 days of the arrest, so you need to act quickly.
Scrutinizing Chemical Testing and Laboratory Evidence
If you’re facing CDL suspension, DUI attorneys will prepare a strong defense. A DUI defense in Southern California can rely on many strategies, including the scrutiny of the chemical testing and laboratory evidence that determined your BAC. DUI cases depend greatly on roadside tests, which are not always accurate. They often offer false positives, with breathalyzers being particularly faulty.
There could be blood test contamination errors, as well. An attorney will look at the laboratory that performed the tests to ensure that their protocols were followed. If there were any deviations or if there were chain of custody failures, that could make a significant difference to your defense.
Your lawyer will also look to see if test results fall within the margin of error of the instruments used. If they fit within this margin, then the results can be challenged.
Navigating the FMCSA Clearinghouse and Pre-Employment Screening
The FMCSA Clearinghouse is a mandatory national database of all CDL driver violations regarding alcohol and other controlled substances. Employers seeking drivers must conduct full queries before being able to hire them. They must then conduct annual limited queries to ensure that the driver is still eligible to hold their license and job. This database keeps track of positive test results, test refusals, and the reinstatement process of drivers.
The Clearinghouse keeps track of DUI charges and similar issues, while the pre-employment screening program offers five years of records regarding a driver’s crash history and three years of information on roadside inspections. Employers can ask for these records before hiring a driver, and drivers themselves can request them to ensure the data is accurate.
Long-Term Repercussions on Motor Carrier Employability and Fleet Insurance
If you’ve gotten a DUI and commercial driver’s license issues have already started, you may not know what to expect from the consequences of being convicted. For one thing, you will have a permanent record. The DUI will be recorded on your Commercial Driver’s Record and the Clearinghouse. Many motor carriers refuse to hire anyone with a DUI conviction, even if it was a first offense.
Even after you get your license reinstated, CDL DUI consequences continue. Finding a job can become very difficult because many companies have “no DUI” insurance coverage. If they hire any driver with a DUI conviction, they could lose their coverage or could see a significant spike in insurance costs. The company might need to exclude you from their coverage, which puts you at risk every time you get on the road.
Trucking DUI consequences can include losing vital endorsements, like HAZMAT. That further limits your chances of being employed.
The Rigorous Path to Restoring Commercial Driving Privileges
Can you keep your CDL after a DUI conviction? You may be able to, but you will face a mandatory one-year suspension for a first-time offense, even if the arrest occurred in your personal vehicle. That suspension could be up to three years if you had hazardous materials in the vehicle. A second offense will result in a lifetime ban in California.
The path to the reinstatement of your CDL will require that you complete the year of suspension. You’ll need to complete state-approved alcohol education and rehabilitation programs. You will then need to ensure your personal license is valid.
You must pay all court and administrative fees and retake the CDL exams. Both the written knowledge and the driving skills tests apply. Additionally, you must pass a medical certification. This means undergoing a new Department of Transportation physical exam.
The Importance of Seeking Experienced Representation
If you’ve been charged with a DUI and driver’s license issues have started, you need to immediately contact an attorney to assist you. A lawyer will clearly understand CDL disqualification rules, federal law, and state regulations that could impact your future.
One of the challenges of these cases is that federal laws forbid states from “masking,” or accepting plea bargains for CDL DUI convictions. This means that you won’t be able to avoid the most serious consequences unless you have robust legal support from the start.
With an attorney, you may be able to obtain a permit to continue driving despite the civil suspension. They can also investigate every aspect of the traffic stop that led to the arrest to ensure there was probable cause. If there wasn’t, then the stop may have been illegal, which would nullify any evidence taken from the scene, including roadside alcohol test results.
Your attorney will assess whether your rights were respected during the arrest itself, and they’ll look at the validity of the evidence. They’ll also handle the notification process when it comes to your employer so that there are no delays or issues.
The goal is to prevent a conviction, but if that is not possible, having an experienced attorney can mean facing lesser charges. Your lawyer may be able to reduce the impact on your career and prevent serious criminal charges from sticking.
Rely on Gressley & Donaldson, LLP for Legal Assistance
As a commercial driver, losing your license is a career-ending problem. If you were charged with a DUI, acting quickly and hiring trusted attorneys can help protect your CDL. At Gressley & Donaldson, LLP, we offer the DUI defense you need. With years of experience, we know exactly how to aggressively address these charges.
We understand the stress you’re under, and we’re here to help. Contact our team to schedule a consultation with one of our DUI attorneys.
