Will a DUI Affect my CDL?
You’ve worked hard to obtain your commercial driver’s license (“CDL”), and you now have a nice job with a trucking company. On your day off, you have a couple drinks at the bar and later get arrested for driving under the influence, even though your BAC was .04% – less than the legal limit. What will happen to your CDL if you are convicted of a DUI?
Do the Same Rules Apply for Non-CDL and CDL Drivers?
The answer is no. Alcohol consumption is heavily regulated under state and federal law. The same goes for the use of controlled substances.
The Federal Motor Carrier Safety Administration can place a driver out of service for twenty four hours if he or she has any amount of alcohol or a controlled substance in his or her blood, breath, or urine while on duty. A driver can also lose his or her CDL upon a conviction for a first offense of: a) driving or being in control of any motor vehicle while under the influence of alcohol or a controlled substance; (b) driving any motor vehicle with a BAC of .04% or more; or (c) refusing to submit to a blood, breath, or urine test when stopped for probable cause while driving any motor vehicle. Note that the legal limit is half the limit (.08%) for non-CDL drivers. The penalty for any of these first offenses is enhanced to a three-year suspension if the violation occurred while the CDL driver was “transporting, a hazardous material required to be placarded….” KRS 281A.190(3).
The penalties for second offenses are even more harsh. A second conviction for the referenced offenses can result in a lifetime suspension of a driver’s CDL. These penalties are also “hard,” meaning that, unlike non-CDL drivers, CDL drivers who are disqualified from driving a commercial motor vehicle cannot obtain hardship licenses, or, at least in Kentucky, drive using ignition interlock devices.
DUI Penalties Apply Regardless of Whether or Not You Are Driving a Commercial Motor Vehicle.
The penalties for CDL drivers under federal law apply regardless of whether they are operating their commercial or personal vehicles. This means that if you are driving your personal vehicle and you are convicted of having a BAC of .04% or more, the Kentucky Department of Transportation will suspend your CDL .
What Can I Do If I Face a CDL Disqualification?
CDL drivers facing suspensions of thirty days or less must receive written notice of their alleged violations, and they are entitled to a hearing on the same. Commercial drivers who receive one-year suspensions may appeal such decisions to the Federal Motor Carrier Safety Administration. In addition, those facing charges of driving under the influence may assert a variety of defenses, including challenging whether police officers had reasonable suspicion to stop them or the validity of their BAC tests.
Drivers subject to a one-year disqualification may apply to the Kentucky Transportation Cabinet for reinstatement of their CDL after the expiration of the disqualification period. Unless they are convicted of using their commercial motor vehicle to commit certain felonies, drivers subject to a lifetime disqualification may apply for reinstatement after ten years. Drivers may have to retake their skills, knowledge, and vision tests in order to lift their CDL disqualifications.
If you are charged with an offense that could result in the disqualification of your CDL, you should contact the attorneys at Gess Mattingly & Atchison, PSC. They can assist you in protecting your CDL.