DUI Charges for Commercial Drivers

 Posted on December 16,2023 in DUI

Across the United States, drivers with standard driving licenses must maintain a blood alcohol content (BAC) below 0.08 percent. The standard is higher for commercial drivers, who, along with having to pass rigorous testing to get a commercial driver’s license (CDL), are also legally required to have a BAC below 0.04 percent.

If you have been charged with a DUI, you will want to do everything in your power to avoid a conviction. That begins with reaching out to an experienced Arlington Heights DUI defense lawyer to defend you.

Legal BAC for a Commercial Driver

The Federal Motor Carrier Safety Administration and Illinois law state that a commercial driver has committed a violation if the individual has a BAC of 0.04 percent or higher while operating a commercial motor vehicle.  

Testing may be performed by taking a blood, urine, or breath sample. Be aware that, under the law, driving under the influence does not just include alcohol. You can be charged for driving under the influence if you have smoked marijuana, methamphetamine, or other illicit drugs. Any of these substances have the potential to impair your driving.

Commercial Drivers and Alcohol Consumption

The FMCSA prohibits CDL drivers from consuming alcohol within four hours of going on duty. This law is specified in the Code of Federal Regulations. A driver found breaking the law will have their commercial vehicle out-of-service for a 24-hour period immediately following the violation.

Penalties for Commercial Drivers Convicted for DUI 

If you are a commercial driver who has been charged with a DUI, you could be facing jail time, fines, and license suspension or revocation.

Let us examine the types of penalties you may be facing:

• First-time offenders: You may be serving up to one year in jail, paying up to $1,000 in fines, and have your CDL suspended for one year
• Second-time offenders: A second conviction will result in your driving privileges being revoked. You will no longer be able to drive a commercial vehicle; however, your license may be reinstated within ten years upon the completion of a court-ordered alcohol awareness program and community service

Certain aggravating factors may enhance these charges. Some examples of this include refusing chemical testing if drunk driving resulted in any injuries or fatalities or if a BAC is 0.15 or higher.

How Can a DUI Defense Lawyer Help Me?

A Rolling Meadows DUI defense lawyer knows the Illinois court system. If you have been charged with multiple counts, a DUI defense lawyer will investigate your situation to determine if one or more of these charges can potentially be dismissed.

Getting charges dismissed is no easy task. Depending on the circumstances of your situation, a DUI defense lawyer may be unable to get your charges dismissed but may be successful in negotiating with the prosecutor for more lenient penalties if you agree to plead guilty to a lesser charge.

Contact an Arlington Heights, IL, DUI Defense Lawyer

A commercial driver’s career can be ruined if convicted of a DUI. When you retain the services of Scott F. Anderson, Attorney at Law, you are hiring an attorney who will give your case the utmost importance. Contact our Rolling Meadows, IL, DUI defense lawyer online or call 847-253-3400 today to schedule your free consultation.