What Happens If I Get a DUI and I Have a Commercial Driver’s License?

 Posted on February 14, 2023 in DUI

Truck drivers depend on their commercial driver’s licenses (CDLs) to work and support themselves and their families. So, getting arrested for driving under the influence of alcohol while driving the company truck or your personal vehicle can jeopardize your job. As a commercial truck driver, you are held to a higher standard compared to most drivers on the road. With so much on the line, it is important to avoid a conviction. You need a qualified CDL driving under the influence attorney with the experience and commitment to help save your employment and avoid a CDL suspension or revocation.

Blood Alcohol Concentration for Commercial Drivers

For folks who drive a personal vehicle, the blood alcohol concentration (BAC) threshold for DUI is .08 but if you operate a commercial vehicle, the BAC level is only .04 and you could be arrested and charged with a DUI. If you are pulled over while driving your personal car and have a commercial driver’s license or CDL, your license may be suspended or revoked. If this is your first offense, the penalty is a one-year disqualification of your CDL. Second-time offenders could be disqualified for life.  

Possible Defense Strategies

A qualified attorney will know what steps to take after evaluating your situation. Do not try to fight DUI charges on your own, especially if you have a CDL. Here are some potential defense strategies to protect your CDL driving privileges and avoid a conviction: 

• If the police pulled you over on a hunch and had no probable cause to justify the traffic stop, the case could be dismissed.
• Officers tend to administer field sobriety tests, but these are not free of flaws or human error which could make the results inadmissible in court.
• If the breathalyzer machine used to measure your BAC is defective or not properly calibrated, we could argue that the results are inaccurate and unreliable.
• Results from a blood test are not reliable because there is always a risk of potential contamination or mishandling of your sample.

Contact an Elgin, IL CDL DUI Lawyer

If you are a commercial truck driver facing DUI charges you should act quickly to protect your livelihood. At The Law Office of Brian J. Mirandola, we leave nothing to chance. An experienced Kane County CDL driving under the influence attorney will look into your case and explain your options to help you avoid a CDL suspension or revocation. Call 847-488-0889 for a free consultation.

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-514 

https://www.ilsos.gov/publications/pdf_publications/dsd_a118.pdf