FAQ - Commercial Driver License And DUI/OVI
Q: Are the penalties for DUI/OVI different for a commercial driver with a CDL?
A: A driver with a commercial driver’s license (CDL) faces serious consequences. There are additional penalties for a commercial driver convicted of driving while intoxicated. A commercial driver convicted of DUI/OVI is subject to the same sentences as a non-commercial driver, but will also face consequences that may end in permanent disqualification of the commercial driver’s license. There are also further charges that may be filed if the DUI/OVI occurred in a commercial vehicle. These consequences are added to whatever sentence is imposed by the court.
Q: What are the Administrative License Suspensions for a driver with a CDL?
A: Any detectable amount of alcohol in a commercial driver’s system will result in a suspension of a commercial driver’s license for twenty-four hours. A commercial driver with an alcohol concentration level above the legal limit will have his or her commercial driver’s license suspended for ninety days. A commercial driver who refuses to take a chemical test (breath, blood, or urine) will have his or her commercial driver’s license suspended for one year. A second chemical test refusal will result in a lifetime disqualification of the commercial driver’s license. These suspensions apply even if the driver is operating a non-commercial vehicle at the time of arrest.
Q: Can a commercial driver granted limited driving privileges on the CDL?
A: Although a CDL holder can obtain limited driving privileges for his regular driver’s license, no limited driving privileges will be granted for a commercial driver’s license during the period of an Administrative License Suspension (A.L.S.) or court DUI / OVI suspension. A DUI/OVI attorney can appeal the A.L.S. and/or file a motion to stay the A.L.S.. If the court grants a stay, full driving privileges are restored to the commercial driver while the case is pending. If the appeal is successful, and if the Administrative License Suspension is terminated retroactively, and the commercial driver’s license is reinstated.
Q: How does a DUI attorney handle a commercial driver’s DUI / OVI case?
A: A DUI / OVI attorney will apply the same thorough procedures representing any client, but the stakes are higher for a commercial driver’s license holder charged with DUI/OVI. When representing a commercial driver charged with DUI / OVI, an attorney will examine all aspects of the case and strategize accordingly. The attorney will obtain and review evidence from the prosecuting attorney, conduct an in-house investigation, highlight any evidence that is inconsistent with the driver/client being intoxicated, and try to exclude evidence that damages the case, such as field sobriety tests and/or chemical tests (breath, blood, or urine). A DUI / OVI attorney can challenge the Administration License Suspension to allow the driver to continue driving while the case is pending and seek to terminate the suspension when the case is concluded. The attorney will also negotiate with the prosecutor in an effort to resolve the case without a commercial driver’s license suspension.
My practice is focused on DUI / OVI defense, and I have experience representing commercial drivers charged with DUI / OVI. To learn more about me, please see my profile, and for information about my practice, please see the firm overview. You can also see what clients say and review my past case results. I limit the number of cases I accept so I can provide outstanding service to my clients. If you would like to discuss how I can help with your DUI / OVI, EMAIL ME or call me at 614-717-1177 to arrange a free consultation.