A conviction for any CDL driver under the influence is very similar for all drivers. However, you do put your job in jeopardy when if you have a commercial drivers license. That is why it is important to have a DUI defense attorney in Illinois to protect you and your rights. Call The MacNeil Firm today at 708-218-0947 for a free consultation.
Because CDL holders drive such large trucks and carry so much valuable cargo, the government keeps a close eye on commercial drivers to ensure they are abiding by the law and keeping others on the road safe. The federal government has guidelines which suggest regulations for commercial drivers, including stringent licensure procedures and strict sanctions for violations. The State of Illinois follows these guidelines very closely.
The consequences for a commercial driver who has been found guilty of DUI are severe. Among the most serious penalties for a CDL DUI are lengthy license suspensions which often prevent commercial drivers from earning the necessary income to provide for themselves and their families. Because livelihoods are typically at stake, having an experienced DUI defense attorney in Illinois can be essential for commercial drivers who have been arrested or charged for drunk driving.
What Are The Consequences Associated With A CDL DUI Conviction?
First offenders for DUIs are eligible for what is called Court Supervision, which is a special type of probation that does not result in a conviction on your record. The maximum penalty is a year in jail, and the maximum fine is $2,500. There can be additional penalties for having a CDL and receiving a DUI.
There are severe collateral consequences for CDL holders, even for a DUI in their own personal vehicle. For example, court supervision for a DUI will result in the twelve months disqualification of their commercial driver’s license. That is a long time to be out of work, which is why it is so important for CDL drivers to obtain the best representation they can, if arrested for DUI. The one exception is operating a school bus with children, which is considered an aggravated DUI and a class IV felony.
The consequences associated with a CDL DUI conviction is going to have a huge impact, because most of our CDL drivers, this is their only source of income. Therefore, if their license is suspended, or their commercial endorsement is disqualified for those twelve months, that means they are not working. In Illinois, supervision, or a conviction with a DUI will result in a disqualification of their CDL, which will put them out of work for those twelve months.
That disqualification is in addition to any other license suspensions that may have resulted from a chemical refusal, or a chemical test failure. Again, that is why it is so important for any CDL driver to have the best DUI defense attorney in Illinois they can, if they are arrested for a DUI.
What Happens If The CDL Holder Is Not Driving A Commercial Vehicle At The Time Of Arrest?
It makes a difference if a commercial holder is not driving a work related vehicle when pulled over for a possible DUI. The legal limit for a DUI in a commercial vehicle is lower; it is 0.04%, versus 0.08% in a personal vehicle. As we discussed, driving a school bus with kids, is a felony aggravated DUI. Other than that, there are no additional penalties, although many judges consider it aggravating, for the fact that you were operating a commercial vehicle while under the influence.
Refusing an evidentiary chemical test like a breathalyzer, blood, or urine tests has collateral consequences of a suspension, and the disqualification of the CDL. Any amount of alcohol would put the driver of the commercial vehicle out of service. A 0.04% blood alcohol content in a commercial vehicle is the limit, 0.08% is the limit for all other vehicles. However, the suspension, and disqualifications can be challenged, and rescinded. Our DUI defense attorney in Illinois can help you with your arrest.
Contact our DUI Defense Attorney in Illinois for a free consultation
The most important thing you can do is to contact a DUI defense attorney in Illinois as soon as possible, because early intervention is critical to success in the case. Be aware of the laws governing CDL drivers and what is required of them.
Fortunately, if you have been charged with a DUI and have a CDL, standard DUI defenses can still be utilized for your case. Some of these include: lack of probable cause for the traffic stop, inaccurate, broken, or poorly-administered sobriety/BAC test, manipulated or incorrectly administered field sobriety tests, and violation of Fourth Amendment rights. If you have been charged with a DUI, The MacNeil Firm is here to help. Contact us today for a free consultation.
