DUIs for CDL Holders Lawyers

If you’re reading this, you might be going through one of the toughest moments in your professional life—a DUI (Driving Under the Influence) charge. As a CDL holder, the stakes are much higher and there are additional concerns that you have to take into consideration. This guide will equip you with everything you need to know after getting a DUI as a CDL holder.

CDL Drivers are Held to a Higher Standard

A DUI in Illinois carries significant legal implications, especially for CDL holders. Commercial drivers are tasked with safely maneuvering large and often hazardous vehicles in diverse conditions. Because of this, the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation (DOT) have set strict guidelines that CDL holders have to adhere to. Consequently, a DUI conviction can have devastating effects on a CDL holder’s career.

What is the Alcohol Limit for a CDL Driver in Illinois?

In Illinois, the standard BAC (Blood Alcohol Content) limit is 0.08%. However, for CDL holders driving a commercial vehicle, the BAC limit is .04%. If you are a CDL holder driving a personal vehicle that BAC limit remains .08%.

Will a DUI in my Personal Vehicle Affect my CDL? 

Yes, you will face the risk of disqualification of your commercial driver’s license (plus the penalties applied to your regular driver’s license) if you get a DUI in your personal vehicle. For commercial driver’s license holders, it is extremely important to maintain a clean driving record across all aspects of driving.

The Impact of a DUI on Your CDL

A DUI conviction can drastically affect both your current employment and future prospects. Perhaps most important for CDL holder is the risk of having your CDL disqualified. It is important for you and your lawyer to immediately start the process of contesting that disqualification.

Will your CDL be Disqualified? 

When it comes to a DUI charge there are two legal battles that you face.

The first issue is the statutory summary suspension. When you are charged with DUI, the Secretary of State will attempt to suspend your driver’s license 45 days following the arrest. This is called the statutory summary suspension.

The length of the suspension depends on whether you blew over the legal limit on the breathalyzer or if you refused the breathalyzer. If you’re charged with your first DUI and you blew over the legal limit, your regular will be suspended for 6 months. If you refused the breathalyzer your regular driver’s license will be suspended for 12 months. In addition to the suspension of your regular license, your commercial driver’s license can also be disqualified for 12 months whether you did the breathalyzer or not.

Now with a good DUI defense lawyer, you can contest this suspension through a hearing called a Petition to Rescind. If you and your lawyer are successful in eliminating that suspension, that is a huge win but is only the first part of the battle to avoid a commercial driver’s license disqualification.

The second issue that could potentially disqualify your CDL is the criminal charge of a DUI. Now, there are many possible outcomes to this. It could range from dismissal, supervision, reduced charges, to a conviction.

One common outcome to a DUI charge is court supervision. Supervision is a win for most cases as it does not affect a regular driver’s license. Unfortunately, CDL holders are held to a higher standard and supervision for CDL holders is viewed similarly to a conviction. As a result, having the outcome of supervision or a conviction will result in a 12 month disqualification of your CDL.

To totally avoid any disqualification of your CDL, you need to win both of those legal battles. This is what makes DUIs for CDL holders so complex and much more difficult. That’s why it is extremely important to hire a DUI focused attorney with plenty of experience defending clients that hold a CDL.

The silver lining in all this, is that the length of the disqualifications are not consecutive. For example, if your CDL is disqualified for 12 months due to the statutory summary suspension and you receive supervision on the criminal charge, which results in another 12-month disqualification, your CDL will not be disqualified for 24 months. The total length of the CDL disqualification will only be for 12 months.

Potential Defenses for CDL Holders Charged with a DUI

So what are the possible defenses to DUI? Here are some key strategies that a good DUI lawyer can utilize:

• Examining the Legal Basis for the Stop: A pivotal defense strategy involves scrutinizing the reason for the traffic stop. Law enforcement must have a reasonable suspicion that a violation occurred. If the stop was based on a “hunch” or incorrect information, any evidence gathered after the fact could potentially be suppressed. For example, if the officer says that the reason for the stop was swerving and improper lane usage, but the dash cam indicates that is untrue, we can argue that there was no legal basis for the stop.
• Questioning Field Sobriety Test Validity: The subjective nature of Field Sobriety Tests (FSTs) means they are prone to inaccuracies. The validity of the tests, including Horizontal Gaze Nystagmus, Walk and Turn, and the One-Legged Stand can be argued if factors like physical conditions, medical conditions, and environmental conditions are not taken into consideration. They can affect performance and are grounds for challenging test results. These tests also have a standard of how they must be administered according to NHTSA (National Highway Traffic Safety Administration). How the officer conducted those tests will also be scrutinized by your defense team.
• Inadmissible Breath/Blood Testing: 28 Section 1286 of Title 20 of the Illinois Administrative Code sets out the procedure that must be followed for breath and blood alcohol concentration tests to be admissible. We scrutinize the testing process for protocol breaches, equipment calibration issues, and the handling of samples. If these tests are found to be conducted improperly, we argue for their exclusion as evidence.

What Should You Do After Being Arrested for DUI?

The days after a DUI arrest are critical. First, remain calm and understand that you should take time to choose the right lawyer for your situation. At the same time, take into consideration that moving swiftly is crucial. The sooner that you hire a CDL DUI lawyer, the more time they have to file the necessary paperwork, evaluate the evidence, and prepare a strong defense.

Choosing the Right Lawyer for Your DUI

Prioritize hiring a DUI-focused defense attorney who is experienced in DUI cases with CDL holders. The specific knowledge that comes with DUI cases makes defending them incredibly complex. It includes knowing how the officer is required to conduct the standard field sobriety tests, ways to avoid a CDL disqualification, how different outcomes will affect a CDL, and how to possibly get breathalyzer tests thrown out in court.

As a result, not only is it important to hire an attorney that is focused on DUI, but is also experienced in handling DUI cases for CDL holders.

Acting quickly is important, we must file the necessary paperwork to challenge the statutory summary suspension. This involves issuing subpoenas and gathering all relevant evidence. Once we receive that, we scrutinize the reports and videos and prepare all the arguments to potentially overturn the suspension.

Do I Have to Tell My Employer That I Was Arrested for DUI? 

Yes, if you have an employment contract that says you need to disclose any DUI charges, then you should tell your employer. If you have a union that can assist you or re-assign your job responsibilities while you’re without a license, then you may want to disclose it. Honesty can go a long way.

However, we’ve had DUI cases where we eliminated the driver’s license suspension and as a result eliminated the disqualification of their CDL. At the same time we got the DUI thrown out within a month of our client being charged.

While this is not a common scenario, it does happen. In this case, our client came out of this situation with no affect on his record and was very glad he didn’t unnecessarily disclose the DUI charge to his employer. The decision to tell your employer is ultimately a case-by-case scenario and should be a decision you make with the guidance of your attorney.

Reinstating Your CDL After a DUI Disqualification

Once the full length of your disqualification is over, you will be able to apply to have your commercial truck driver license reinstated. As long as you’ve finished any required classes, tests, and/or treatment, all you have to do is pay a $500 reinstatement fee.

Prevention and Education

Prevention is key. For CDL holders, the ramifications of a DUI are far-reaching, potentially derailing a career built on the ability to drive commercially. Preventing such outcomes isn’t just about adhering to the law; it’s about embracing a culture of safety and responsibility. Here’s how prevention and education can help:

• Utilize Support Resources: Many support networks and resources are available for CDL holders seeking help with substance use issues. Programs like Employee Assistance Programs (EAPs) offer confidential counseling and support, guiding you towards the necessary steps to maintain your health and your CDL. Acknowledging when you need help and seeking it proactively can prevent potential DUI incidents.
• Engagement in Advocacy and Community Groups: Participating in advocacy groups or community organizations focused on DUI prevention can offer additional support and education. These groups often provide resources, workshops, and forums for discussing challenges and solutions related to DUI prevention among commercial drivers.
• Personal Accountability: Holding yourself accountable for your actions and understanding the impact they can have on your career and on public safety is fundamental. Regular self-reflection on your driving habits and lifestyle choices can help identify areas for improvement and prevent complacency.

Life After a DUI 

Moving forward after a DUI is very possible. The immediate aftermath might feel overwhelming, with concerns about employment and reputation.

However, it’s important to focus on the steps forward. Many CDL holders can successfully keep their commercial driver’s license or reinstate it and return to work after a period of time. The key to recovery is embracing the lessons learned, using support systems, and seeking educational resources dedicated to substance use and safe driving practices.

Additionally, exploring roles within the industry that may not require driving, at least temporarily, can provide a pathway to maintain your career while rebuilding your professional standing. Life after a DUI conviction is undoubtedly a period of adjustment, but with determination and support, it can be a chapter of positive transformation.

Driver Defense Team’s Approach to DUI Defense for CDL Holders

Our firm’s unique 9-Step orientation process ensures we fully understand your needs, crafting a defense strategy tailored to your situation. With consistent communication, results-driven advocacy, and extensive experience in representing CDL holders, we’re equipped to navigate the complexities of your DUI charge. Our commitment to you is unwavering.