A Commercial Driver’s License (CDL) can open many doors for people financially. The job carries a lot of responsibility because CDL drivers drive large, heavy vehicles that transport people or cargo. Getting a DUI has consequences, especially for someone who is seeking to obtain or already has a CDL, as the offense can impact a person’s ability to get a CDL as well as maintain their CDL. This article discusses the legal implications of a DUI charge in conjunction with a CDL.
What is a CDL?
A Commercial Driver’s License allows a person to operate a motor vehicle that can transport at least 15-16 people, weighs more than 10,000 – 26,000 pounds, or carries hazardous materials. Each state determines the number of people that can be transported as well as the weight of the vehicle.
How can a person obtain a CDL?
Each state has different requirements, however, they are quite similar. Obtaining a CDL requires completion of a training program, getting a permit, passing a written exam, and submitting the correct paperwork. In addition, the driver needs to pass a background check and a medical examination. Training is catered toward the type of vehicle the driver intends to drive as part of their work. For example, a school bus driver in training will learn how to and must show competency in, driving a school bus before getting their CDL.
What is a DUI?
A DUI is a criminal offense. The acronym stands for “Driving Under the Influence” which refers to alcohol or drugs (legal medications as well as illegal substances). The legal blood alcohol content (BAC) limit is 0.08%. If a person is found to be above this limit while operating a vehicle, they have broken the law. It is a misdemeanor charge which typically carries a jail sentence and/or a fine. Multiple DUI convictions can lead to the revocation of a driver’s license. Despite being considered a misdemeanor, a DUI does have implications outside of the court system.
What if I have a DUI on my record?
A DUI will appear on a person’s record and can be found by conducting a background check. However, it is not impossible to get a CDL with a DUI on one’s record. It is best to wait at least a year before applying for a CDL. This way, the driver can show that they have not committed a second offense as well as completed any sentence requirements such as probation and/or community service.
It is important to note that even as a newly minted CDL driver, the driver may have a difficult time finding employment. Employers are hesitant to hire drivers who have a DUI on their record. Such risky and potentially dangerous behavior can lead to loss of life as well as loss of profits for them.
If the DUI conviction occurred years prior, an employer may be more likely to hire the driver, especially if the driver has had a clean driving record since then.
Can I get the DUI conviction expunged from my record?
Expungement is the process of removing a conviction from one’s record. It requires paying a fee and filing paperwork.
In some states, the answer is no. The DUI conviction will remain on the driver’s record indefinitely. In those cases, bringing up the conviction to an employer during the interview process can help the driver’s case when seeking employment.
For those states that allow for the DUI to be expunged, the driver will need to meet certain criteria before filing for expungement. Such criteria include completing the court-issued sentence, not committing another crime, and waiting to file for expungement for the period determined by the state.
What if I get a DUI as a CDL driver?
Each state has different standards, but the general rule is it is not a good day when a CDL driver is found to be driving while under the influence. In many states, the BAC limit for a driver with a CDL is at 0.04%, which is a much lower threshold than a Class D driver (a “regular’ driver’s license). The law has a much lower tolerance for someone who possesses a CDL to drive while under the influence than a “regular” driver because of the potential for more serious consequences.
Penalties for a CDL driver who has a DUI include suspension of the CDL as well the potential for loss of employment and a difficult time getting re-hired. Refusing a breathalyzer can come with a suspension as well. Multiple DUIs can lead to termination of the CDL as well as criminal penalties. Speaking with an attorney to understand the charges and their potential consequences will help you to understand the full picture of what you are facing.
