Commercial Driver DUI Charges in Connecticut

Commercial Driver’s License (CDL) holders have demonstrated professional mastery of the skills and knowledge required to operate a commercial vehicle safely. As professional drivers, they are held to higher standards than other motorists. However, this added responsibility comes with a cost, as CDL holders face harsher penalties when convicted of drunk driving.

The consequences of a DUI conviction for CDL holders can be severe, potentially jeopardizing your driving privileges and your livelihood. If you are a CDL holder facing a DUI charge, you need an experienced commercial driver DUI defense attorney who can protect your rights, your future, and your ability to earn a living.

Stephen Lebedevitch has over a decade of experience defending individuals charged with DUI in Connecticut. He takes a thoughtful but aggressive approach to defending commercial driver DUI cases.

CDL Holders Are Held to Higher Standards

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict requirements for CDL holders. The allowable blood alcohol concentration limit is lower, submitting to chemical testing after a crash is mandatory, and CDL holders face a mandatory driver’s license revocation, even for a first-time DUI.

Lower Blood Alcohol Limits

Most Connecticut drivers can be charged with DUI if they have a blood alcohol concentration of .08% or higher. The allowable limit for CDL holders is half that. A CDL holder can be charged with DUI if they have a blood alcohol concentration of .04%. This lower limit only applies while they are operating a commercial vehicle. If you were stopped on suspicion of DUI while driving a personal vehicle, the .08% threshold still applies. However, a DUI charge in a personal vehicle can still result in the revocation of your CDL.

Mandatory Chemical Testing

Federal law requires that CDL holders submit to a chemical test after a crash. A CDL holder who refuses the test will lose their driver’s license for one year (three years if they were transporting hazardous materials at the time of the crash).

Automatic Driver's License Revocation

A commercial driver convicted of a first-time DUI will receive an automatic 1-year revocation of their driver’s license in addition to the basic driver’s license suspension under Connecticut law. Drivers charged with DUI while hauling hazardous materials could lose their CDL for up to 3 years. A second DUI charge can lead to a lifetime CDL disqualification.

Penalties and Collateral Consequences of DUI for Commercial Drivers

The penalties for a DUI in Connecticut can be severe. They are even harsher for commercial driver DUI and can include:

• Up to 6 months in jail, 48 hours of which cannot be suspended without permission from the judge
• A $1,000 fine
• 45-day suspension of your passenger vehicle license

No Work Permit

Most individuals charged with a first-time DUI will qualify for a work permit that allows them to drive to and from work during their driver’s license suspension. While CDL holders can technically qualify for a work permit, it does not allow them to operate a commercial vehicle. Because most CDL holders drive for a living, they effectively lose their ability to earn a living.

CDL Holders Not Eligible for Alcohol Education Program

Many first-time offenders can have their case dismissed by completing the Impaired Driver Intervention Program (IDIP). CDL holders are not eligible for the IDIP, even if they were charged with DUI when operating their personal vehicles.

Notifying Your Employer Is Mandatory

The FMCSA requires that CDL holders notify their employer of a DUI conviction within 30 days. CDL holders must also notify their employer of any CDL suspension, revocation, or disqualification by the end of the business day following the day they received notice.

Difficulty Finding Employment

A DUI charge for a CDL holder can result in the loss of your current job. It can also make it more difficult to find work in the future.

Commercial Driver DUI Defense

A criminal charge for commercial driver DUI affects more than just your ability to drive. It puts your livelihood at stake. If you are a CDL holder charged with commercial driver DUI, you need aggressive defense from an experienced attorney. Common defenses to commercial driver DUI include:

• Lack of Probable Cause. The police officer must have had probable cause to believe you committed a crime before they can charge you with DUI. If the officer lacked probable cause, evidence of your alleged intoxication could be excluded, which could lead to your case being dismissed.
• Inaccurate Test Results. If the machine used to test your blood alcohol concentration was not calibrated, the test sample was stored improperly, or the test was not administered correctly, the results should not be admitted. In addition, because the limit for a commercial driver DUI is so low and the testing equipment has a margin for error, the test results could fall within that range.

Contact The Lebedevitch Law Firm, LLC, Today

The consequences of a commercial driver DUI charge can be severe. Don’t leave your future to chance.

Stephen Lebedevitch has extensive experience defending individuals charged with DUI. He is highly regarded by judges and other criminal defense lawyers for the successful results he regularly obtains.

The Lebedevitch Law Firm, LLC, is located in Fairfield, Connecticut, and defends individuals charged with DUI and other crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.

Contact The Lebedevitch Law Firm today to discuss your situation and how we can help.