DUI Penalties for a Commercial Driver

Drivers with a Commercial Driver’s License will face different penalties than normal drivers when charged with driving under the influence. A driver with a CDL, or a commercial driver’s license, drives commercial vehicles such as delivery trucks, tractor trailers, buses and other large vehicles. A motorist with a CDL has to take specific driving and written tests in order to drive buses, vans, trucks or tractor trailers in the United States. In the United States, a motorist that carries a CDL has a certain responsibility like all other drivers to follow the rules of the road, including not driving while under the influence of drugs or alcohol. When drivers that have a CDL are pulled over for driving under the influence of alcohol are in danger of having their CDL suspended for a specific period of time whether or not they were driving a commercial vehicle at the time or not.

During a traffic stop that involves driving under the influence, a motorist does not have to submit to a sobriety test. In fact, the motorist can refuse the sobriety test, usually a breath test, but will more than likely be arrested when doing so. The blood alcohol limit in the United States for a regular motorist is .08 and the blood alcohol limit for a motorist with a CDL is .04. Along with being arrested, the motorist will have their driver’s license taken away by the officer. Once the motorist is released from custody he or she will be given a temporary driver’s license that is good for 45 days.

Once a CDL has been taken from a commercial driver, the motorist cannot legally drive a commercial vehicle until their CDL is returned to them. The temporary driver’s license allows the motorist to drive a personal vehicle but not a commercial vehicle. To have a CDL returned to a motorist the motorist must file for an Administrative Hearing as soon as possible. If the motorist files for the hearing within 10 days of the traffic stop, the temporary license will be extended until the date of the hearing if the date of the hearing is scheduled for a date after the 45th day of the temporary license. If the request is filed 30 days after the traffic stop the driver will not be granted an extension, will not be granted a hearing, and will have to face the consequences of driving under the influence or driving while intoxicated.

The penalties for a commercial driver also include the following:

• The suspension of a license for longer than 45 days
• The driver will have to pay fines
• The driver might face jail time
• The CDL will be suspended for one year if the driver was pulled over for DUI while driving a commercial vehicle
• If the driver was driving a personal vehicle and is being charged with DUI for the first time then the license will be suspended for 45 days following the Administrative Hearing
• If it is the second offense of the driver than the license will be suspended for 90 days following the Administrative Hearing
• If the blood alcohol content was 0.l5 or higher, or the driver refused the blood alcohol test, then the license will be suspended for one year
• It varies from state to state but some CDL holding drivers will have eight points assessed to their driving record if charged with DUI
• Some states will also place the driver charged with DUI that holds a CDL on five years of probation
• To have the CDL reinstated, the driver will need to pay a reinstatement fee of $60 or more depending on the driver’s state of residence

• If you need legal assistance with a DUI Charge, please consult with a DUI Lawyer near you to discuss the details of your case. This website is for informational purposes only, and nothing stated here should be taken as legal advice.