A Commercial Drivers License DUI can have significant impacts on a Commercial Drivers License. In Oklahoma, as in other states, CDL holders are held to a higher standard than regular drivers, and the penalties for driving while intoxicated (DUI) can be more severe. Losing your CDL can impact your career, making it essential to understand the potential consequences of a DWI charge and the steps you can take to protect your license.
Immediate Consequences of a DUI for CDL Holders
The Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations for commercial drivers. One difference is that the legal limit for Blood Alcohol Concentration (BAC) is lower for CDL holders than other drivers. While non-commercial drivers are subject to a BAC limit of 0.08%, commercial drivers face a much stricter limit of 0.04%. This applies not only when operating a commercial vehicle but also in some cases when driving a personal vehicle.
For CDL holders who receive a DUI conviction, the penalties will vary based on the number of offenses. A first-time DWI conviction can result in an automatic one-year suspension of your CDL. However, if you were transporting hazardous materials at the time of the offense, the suspension increases to three years.
A second DWI conviction can lead to a lifetime disqualification of your CDL. This applies even if you were driving your personal vehicle at the time of the offense. Additionally, you may face fines, jail time, increased insurance premiums, and required participation in substance abuse programs or driving school.
Fighting a Commercial Drivers License DUI in Oklahoma
Most employers will not retain a commercial driver who has lost their CDL, and finding a new job in the commercial driving industry can be extremely difficult with a DWI on your record. Furthermore, many insurance companies may refuse to cover drivers with a DWI. While a conviction can lead to serious consequences, it is possible to fight the charges. Some potential defenses include:
- Challenging the Stop: If law enforcement officers did not have reasonable suspicion to pull you over, the stop may be unlawful, and any evidence gathered during the stop may be inadmissible in court.
- BAC Testing Issues: Breathalyzers and other BAC testing devices must be properly calibrated and administered. If there were errors in testing procedures, your BAC results could be challenged. Other factors, such as certain medication, can also cause incorrect readings.
- Lack of Probable Cause: Officers must have probable cause to arrest you for DWI. If the officers did not properly establish probable cause, the arrest may be unlawful.
An attorney can review the circumstances of your case and develop a strategy to challenge the charges, potentially resulting in a reduction or dismissal of the charges and protecting your CDL.
Creek County DUI Attorneys In Your Corner
A DUI conviction in Creek County can have serious and lasting consequences for Commercial Drivers License holders in Oklahoma, including the suspension or permanent disqualification of your commercial driving privileges. Even a first-time offense can result in a one-year suspension, making it critical to understand your legal options and fight the charges when possible.
A Commercial Drivers License DUI can cost you your career. If you are facing a DUI charge, consulting with a DUI criminal defense attorney in Creek County with experience in defending CDL holders can help you navigate the legal process, protect your rights, and potentially save your commercial driver’s license and career. Our team at Kania Law – Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
