What Happens to My CDL After a DUI?

Drivers who operate trucks, buses, or other commercial vehicles for a living must hold a Commercial Driver’s License (CDL). Because the consequences of a truck accident can be catastrophic, CDL holders are held to higher standards and face more restrictions than non-CDL holders. Unfortunately for commercial drivers, this means a drunk driving charge can result in losing your CDL, which could jeopardize your ability to earn a living.

If you have a CDL and were charged with Driving Under the Influence (DUI), you need an experienced DUI defense attorney on your side who understands what is at stake. The DUI defense attorneys at Douglas D. Terry & Associates will fight to minimize the likelihood of a DUI conviction and the potential penalties a DUI can have on your CDL and your ability to earn a living.

Commercial Drivers Face a 1-Year Driver’s License Suspension for DUI

A DUI conviction can affect commercial drivers in ways it might not impact someone who holds a non-commercial driver’s license. For commercial drivers, a DUI is classified as a major violation. For a first-time major violation, a commercial driver faces a 1-year driver’s license suspension. If you were hauling hazardous materials when you were charged with DUI, you could lose your license for up to three years. A second DUI charge can lead to a lifetime CDL disqualification, even if the offense occurred in your personal vehicle.

The Federal Motor Carriers Safety Regulations (FMCSR) prohibit a commercial driver from refusing to submit to an alcohol test and from consuming alcohol within 8 hours after a crash until the driver has submitted to an alcohol test. If you are stopped on suspicion of DUI and refuse to submit to a breath, blood, or urine test, you will lose your driver’s license for one year (three years if you were hauling hazardous materials).

Generally, you must be convicted of DUI before your driver’s license is suspended. But as a commercial driver, you still face administrative penalties after a DUI charge, including being disqualified from driving a commercial vehicle for at least one year, even if you are not convicted of drunk driving.

Understanding Utah CDL BAC Levels

Utah has some of the strictest DUI laws in the country. In Utah, a driver can be convicted of DUI if they have a Blood Alcohol Content (BAC) of .05% or higher. The law is even more strict for commercial drivers, who can be convicted of DUI if their BAC is .04%. This lower BAC limit applies even if you are driving a personal vehicle. If your BAC is significantly above .04%, you could lose your CDL license permanently, even for a first-time offense.

Reinstating Your CDL After a DUI Charge

You can seek reinstatement of your CDL only after the term of your license suspension has ended. If your CDL was suspended for one year, you cannot seek license reinstatement until that one year has passed. As a result, many commercial drivers who are convicted of DUI lose their job and are out of work for more than a year.

Keeping Your Job After a DUI Charge

If you plead guilty or are convicted of DUI, you will lose your license for at least a year. If you cannot drive, it is unlikely that your employer will keep you on the payroll. In most situations, the only way to keep your job after a DUI charge is by fighting the charges. An experienced DUI defense attorney can investigate the charges against you and work to beat the DUI charges so you can keep your license and your job.

How a Utah DUI Defense Attorney Can Help

If you were charged with DUI and hold a CDL, the penalties you face are severe and could prevent you from earning a living. Fighting the DUI charges is often the only way to avoid the harshest consequences of a conviction.

There are three primary ways to challenge a Utah DUI charge:

1. The Police Officer Did Not Have a Probable Cause. To charge someone with a DUI, the police officer must have probable cause to believe you committed a crime. If the officer lacked probable cause, the court cannot consider evidence of your alleged intoxication. Your case should be dismissed, or your lawyer will be able to negotiate a significant reduction in the severity of the charges, which should allow you to keep your CDL.
2. Challenging the Accuracy of BAC Test Result. One of the most effective defenses to a DUI charge is to challenge the accuracy of the test results. If the test was improperly administered, the testing machine was not properly calibrated, or the test sample was improperly stored, the test results should be excluded. This can lead to dismissal of your case or allow your lawyer to negotiate a significant reduction in the severity of the penalties you face.
3. The Field Sobriety Tests Are Unreliable. Police officers often ask drivers suspected of DUI to perform Field Sobriety Tests. To be admissible, the tests must be administered according to strict standards set by the National Highway Traffic Safety Administration. If the police officer did not follow the national standard when administering the tests, the results should be excluded.

Contact Douglas D. Terry & Associates for Aggressive Defense Against DUI Charges

If you are a CDL holder and were charged with a DUI, the stakes are high. To fight the charges, you need experienced and aggressive legal representation. For over 40 years, Douglas D. Terry & Associates has defended people accused of drunk driving. From our offices in St. George and Cedar City, we represent people throughout southern Utah. To put our expertise to work for you, contact us today by calling (435) 628-4411, emailing email@SouthernUtahDefense.com, or completing our online form.