Commercial drivers in the United States, especially those operating in West Virginia, are subject to stricter regulations compared to non-commercial drivers. This heightened standard exists for two primary reasons. First, commercial drivers are tasked with representing their employer’s professionalism and reputation. Second, maneuvering large vehicles requires advanced skills and heightened vigilance, as accidents involving commercial vehicles can result in devastating outcomes, including extensive property damage and even fatalities.
If you are a commercial driver operating a heavy-duty vehicle and face DUI charges, the implications can be severe. Beyond the potential loss of driving privileges and your job, the severity of the charges also takes into account the risk of life-threatening accidents. If you find yourself in this challenging situation, it is critical to seek immediate legal assistance from a criminal attorney. At Mountaineer Criminal Law Group, our team of dedicated Huntington federal lawyers has the experience and knowledge to help you handle your case.
The consequences of a DUI or OVI arrest for a Commercial Driver’s License (CDL) holder can vary based on the circumstances. For instance, if your blood alcohol concentration (BAC) is at or slightly above the legal threshold, both your CDL and personal driver’s license will be suspended. Note that this is considered a civil administrative license suspension (ALS) rather than a criminal penalty. During this suspension, you will receive a temporary permit that allows you to drive only your personal vehicle.
The length of suspension depends on specific circumstances:
However, if you are arrested for DUI due to impairment from substances or prescribed medication, even if your BAC is zero, these charges might not ultimately lead to a suspension.
For commercial drivers, the legal BAC limit is 0.4 or lower. A BAC reading of 0.4 or above constitutes a DUI offense, leading to an arrest and an ALS. For personal vehicles, the legal BAC limit increases to 0.8. Exceeding this limit prompts similar consequences, including the loss of your CDL and regular driving privileges.
Facing an ALS as a CDL holder can feel overwhelming, but there are steps you can take. The first and most important action is to file for a hearing, which needs to be done within 30 days. During the hearing, you must provide evidence showing that you complied with the chemical test, had a BAC below the legal threshold, or that the initial traffic stop was unlawful. While challenging an ALS may require time and effort, success is possible with the right legal guidance, and with the assistance of a Huntington federal lawyer.
Unfortunately, the option of a limited driving privilege is not typically available for CDL holders. This makes it even more crucial to seek professional legal assistance. The Huntington criminal attorneys at Mountaineer Criminal Law Group are well-versed in navigating these complexities and can guide you at every step.
Notifying your employer about a DUI or OVI charge is an essential step. Transparency is key, as failing to report such incidents can lead to broader professional consequences.
Without your CDL, driving a commercial vehicle to or from work will not be possible. Unless your employer arranges to pick up the vehicle, it may be left roadside. Any attempt to drive without a CDL can lead to additional criminal offenses, further complicating your situation.
It’s also important to note that many employers, particularly those with zero-tolerance policies, might terminate employment in cases involving DUI charges. Therefore, addressing your CDL suspension as quickly as possible is vital, and a Huntington criminal attorney can help you explore all your legal options.
A conviction for DUI or OVI has far-reaching consequences, with license suspension being one of the most common penalties. Both state and federal regulations explicitly prohibit operating any vehicle, personal or commercial, under the influence of alcohol or other substances.
For your first DUI offense, the consequences include:
The CDL suspension period begins after the standard driver’s license suspension ends. Upon completing both suspension periods, you can apply for reinstatement. This requires retaking the CDL knowledge and driving tests, along with paying the necessary fees.
Avoiding these life-disrupting consequences takes quick action. If you’re facing these challenges, contacting a Huntington criminal attorney as soon as possible can make all the difference.
Dealing with CDL disqualification for DUI in Huntington is not a challenge you have to tackle on your own. Our experienced team of Federal Lawyers and Criminal Attorneys at Mountaineer Criminal Law Group is here to help you achieve the best possible resolution for your case. Huntington federal lawyers will carefully review your situation and provide expert guidance to protect your career and livelihood.
Don’t delay—call us today at (304) 381-3656 to schedule your consultation. Your future behind the wheel could depend on it.