Protecting Your CDL After a DUI Arrest

 Posted on September 27, 2017 in DUI

Driving under the influence can place anyone’s livelihood at risk. However, those that have a commercial driver’s license (CDL) are especially at risk – not because the consequences are necessarily more severe, but because others may have a way to work around their DUI. This is not the case for the commercial driver. Learn how you can protect your CDL after a DUI arrest, and discover what an experienced criminal defense attorney can do to help.

BAC Limits for CDL Drivers

While most drivers are held to a maximum BAC of less than 0.08, CDL drivers have an even lower legal limit. They must never reach or exceed a BAC of 0.04, or they risk a disqualification (DQ) of their CDL license. If they are caught driving with a BAC of 0.08 or higher, their state driver’s license may also be at risk for suspension. Drivers may also be subject to felony criminal charges if there are certain aggravating factors in their case (i.e. an accident that resulted in significant injury or the death of another driver).

Disqualification of a CDL License

Disqualification of a CDL license is a process in which the Illinois Secretary of State places a sanction on the license of a commercial driver. It may happen automatically if the driver is found guilty of a DUI and a summary suspension is placed on their state license, or the case may be referred to the Secretary of State if the driver was below the state legal limit but above the commercial driver limit. In either situation, the process for restoring a CDL is complex.

Fight Back Before the Suspension or DQ

Although you can fight against a DQ on your CDL (done through an Administrative Hearing with the Secretary of State), as well as a summary suspension on your state license, it is typically far better to ensure you have legal assistance for your case, right from the very start. Not only can this improve your overall chances of a favorable outcome in your case, but it can also ensure that your rights are protected, right from the very start.

Contact Our Arlington Heights Criminal Defense Lawyer

Backed by more than 25 years of legal experience, Scott F. Anderson, Attorney at Law, can help you protect your CDL and your state license. Dedicated to your best interests and your financial future, we will aggressively work toward the most favorable outcome possible. Learn more about how our Arlington Heights DUI defense lawyer can assist with your case by scheduling a personalized consultation. Call 847-253-3400 today.

Sources:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

http://www.cyberdriveillinois.com/departments/drivers/drivers_license/CDL/faq.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-514