The DUI defense attorneys at The MacNeil Firm are extremely dedicated to offering passionate representation to our clients. We have experience helping those with commercial drivers licenses and DUIs. Our number one goal is to give our clients personalized attention and legal advocacy that they cannot find anywhere else. Consider contacting us today to schedule a totally free consultation at 708-218-0947.
You need to understand how a DUI arrest will affect your Illinois or Indiana CDL, how to avoid losing your commercial license, and what to do if you are arrested for a DUI. The operation of commercial vehicles comes with more responsibility and stricter license restrictions. Because commercial drivers licenses and DUIs are more complex cases, you want to ensure you have a competent attorney working on your behalf.
Losing your CDL license
In both Illinois and Indiana, there is a standard suspension period for failing a chemical test of six months. You have given implied consent to submit to a chemical test by obtaining a driver’s license or commercial driver’s license. The statutory summary suspension period increases to 12 months if you refuse to take a chemical test. Either of these suspensions will disqualify your Commercial Driver’s License (CDL) for one year. Upon conviction for Operating While Intoxicated (OWI) or Driving Under the Influence (DUI), your CDL also gets disqualified for 12 months. This means you will not be allowed to drive a commercial vehicle and you can’t earn a living as a CDL driver.
For CDL drivers, in order to be able to continue to drive and earn a living wage, it is critical to rescind or remove the suspension and avoid any type of disposition on a DUI because either will result in a 12-month disqualification of your CDL. It is possible to avoid losing your CDL. The MacNeil Firm has over 25 years of experience successfully representing CDL drivers in DUI’s, OWI’s, and other traffic matters and we can help clients with their commercial drivers licenses and DUIs.
Obtaining driving privileges after a DUI/OWI
There are a variety of ways to obtain driving privileges during an implied consent suspension or statutory summary suspension. In Illinois, there is also an interlock option, the MDDP, monitoring device driving permit, which allows you to drive anywhere, anytime, anyplace, but only if you have the breathalyzer device in your vehicle.
In Indiana, you can petition for an interlock device in lieu of suspension. This would allow you to drive anywhere, anytime, anyplace, but you have to have the breathalyzer installed in your vehicle. Also in Indiana, you can obtain a specialized driving permit or specialized driving privileges, but only if you have an Indiana driver’s license. That basically operates like a work permit, allowing you to drive during specific times during specific days at specified locations.
Unfortunately, there is no permit, in either state, which would allow you to drive or operate a commercial vehicle during this time. There are strategies that would avoid the CDL disqualification and avoid license suspension and our experienced attorneys are here to help.
Refusing a chemical test
If you’re a CDL driver, even if you were driving your personal vehicle at the time of your arrest, your CDL will be disqualified and your driver’s license will be suspended for at least 12 months if you refuse the test, in both Illinois and Indiana. If you are in a commercial vehicle, and you refuse the chemical test, the authorities will put you out of service immediately and your CDL will also be disqualified.
Our attorneys can help with commercial drivers licenses and DUIs
In any case, it is vital you hire an attorney that is familiar with the particular DUI/OWI laws of your state. Hiring an attorney that is familiar with how to navigate a DUI for someone with a CDL will give you the best opportunity to avoid the 12-month disqualification of your CDL.
The MacNeil Firm has attorneys licensed in Illinois and Indiana that are well versed handling DUI/OWI cases for CDL drivers and helping you keep your CDL and keep driving while your case is pending.
Our attorneys will take our time and obtain the discovery and evidence needed to develop an effective strategy. If we spot an opportunity to obtain a particular result, immediately, they will talk to you about it, and, together, you can decide if pleading guilty is the optimal way to proceed. For more information on CDL Consequences After A DUI In IL & IN, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (708) 218-0947 today.