Commercial Drivers’ License (CDL) holders are subject to stricter prohibitions regarding alcohol when driving a commercial vehicle than drivers operating non-commercial vehicles. For instance, it is a DUI misdemeanor of the first degree for a person with a CDL to drive a commercial vehicle with merely a detectable amount of alcohol or a controlled substance in the person’s blood, breath, or urine. Not only will the driver be charged with a DUI CDL misdemeanor, but the driver is to be immediately placed out of service for 24 hours.
If a commercial driver refuses to surrender his CDL after refusing a chemical test or for failing a chemical test, they can be charged with another first degree misdemeanor. In addition, such refusal to surrender the CDL results in a one-year suspension of the CDL for a first, and a lifetime disqualification for a second incident.
If a commercial driver has .04 percent, or more, of alcohol in his breath or is convicted of driving a commercial vehicle while under the influence of alcohol, it is a misdemeanor of the first degree. For a first offense, his CDL will be suspended for one year. A second or greater offense will result in a lifetime disqualification.
The best advice for commercial drivers is to not consume alcohol when there’s even the slightest chance that they are going to be driving their commercial vehicle afterwards. If you have a were charged with CDL DUI while driving your commercial vehicle, contact an Experienced DUI Attorney for an insightful initial consultation.