Individuals who drive trucks, buses, and other commercial vehicles are required to hold a Commercial Driver’s License (CDL). They have demonstrated mastery of the knowledge and skills required to safely drive and operate a commercial vehicle, and have invested substantial time and money into a career as a commercial driver.
Because the consequences of an accident involving a commercial vehicle can be catastrophic, CDL holders are held to higher standards than other drivers. They face additional restrictions and more severe consequences if they are charged with DUI. These include a lower blood alcohol concentration (BAC) level to be charged with drunk driving, a longer driver’s license suspension, and the possibility of losing their CDL even if they are charged with DUI in their personal vehicle.
With so much at stake, if you were charged with DUI and hold a commercial driver’s license, securing knowledgeable and experienced legal representation is crucial.
Connecticut DUI defense attorney Stephen Lebedevitch has years of experience defending individuals charged with DUI. He can evaluate the circumstances of your arrest, provide an aggressive legal defense, and work to minimize the consequences of a DUI charge and achieve a successful resolution to your case.
Connecticut DUI laws for commercial drivers are much more stringent than those that apply to drivers of passenger vehicles. While the legal blood alcohol concentration limit for individuals operating a passenger vehicle is .08%, commercial drivers can be charged with DUI if their BAC is .04% or above. This limit applies regardless of whether they are driving a commercial vehicle for employment purposes. If the vehicle is classified as a commercial vehicle, the legal limit is .04%.
In addition to the regular penalties for a DUI, CDL holders are subject to disqualification for any of the following DUI-related acts:
For CDL holders, a DUI is classified as a major violation. A first-time major violation carries a 1-year driver’s license suspension. If you were hauling hazardous materials at the time of the DUI charge, you face a 3-year driver’s license suspension. A second major violation results in a lifetime CDL suspension.
Most individuals facing a first-time DUI charge qualify for a Special Operators Permit, or Work Permit, that allows them to drive to and from work during the driver’s license suspension. While CDL holders are technically eligible, they are not permitted to drive any commercial vehicle under a work permit. Because most CDL holders earn their living driving commercial vehicles, the work permit is essentially meaningless, and losing their CDL will make it almost impossible to continue earning a living as a commercial driver.
Many individuals facing a first-time DUI charge are eligible for the Pretrial Impaired Driving Intervention Program (IDIP), which allows them to avoid taking their case to trial. Upon successful completion, their criminal record is sealed and further prosecution is suspended. However, CDL holders are not eligible for the IDIP, even if they were driving a personal vehicle. This means CDL holders facing a DUI charge must face prosecution, even for a first offense.
The Federal Motor Carrier Safety Administration (FMCSA) requires that CDL holders convicted of DUI notify their employer of a conviction within 30 days. Additionally, CDL holders must tell their employer if their CDL was suspended, revoked, disqualified, or withdrawn. This notification must be made before the end of the business day after the day you received notice.
CDL holders charged with DUI while driving a personal vehicle are still subject to the .08% BAC level. However, if you are later convicted of DUI, you could still lose your CDL, even though you were operating a personal vehicle when you were stopped.
If you are convicted of DUI with a commercial driver’s license, you will lose your license for at least 1 year. In this situation, your employer is not likely to keep you on the payroll. Realistically, the only way to keep your job is by fighting the charges.
The Lebedevitch Law Firm, LLC, will thoroughly evaluate your situation and can fight the State’s case by:
Losing your CDL can have a devastating effect on your career and your ability to earn a living. Fighting the charges requires skilled and aggressive legal representation from an experienced DUI defense attorney.
With years of experience defending individuals charged with DUI, Connecticut DUI defense attorney Stephen Lebedevitch will thoroughly evaluate the circumstances of your arrest and mount a vigorous defense to the charges.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people charged with DUI 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 schedule an appointment to discuss your situation and how we can assist you.
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