Driving is considered a privilege, not a right. Commercial Driver’s Licenses (CDLs) are viewed in light of an even higher standard given the dangerous nature of the vehicles and their cargo. Due to this, consequences for driving under the influence of alcohol or drugs can be much harsher and have a larger impact on the driver’s life. Read on if you are a CDL holder and you are facing a Milford DUI.
Commercial Driver’s License Rules and DUI Consequences
Following a DUI conviction, or blood alcohol content (BAC) refusal or failure, a person’s CDL will be suspended for one year. This is an automatic suspension. Further, if the person received this DUI while transporting hazardous materials, the license suspension will last for three years. Again, this is an automatic suspension. Also, if the CDL operator is driving while on the job and making use of their commercial driver’s license, the legal BAC limit is .04% as opposed to .08% for regular drivers.
CDL drivers face all the consequences of a regular DUI, on top of the specific punishments for CDLs specifically. Once the suspension period has run, the CDL may be reinstated. However, after a one-time incident, a subsequent DUI, refusal, or failure of a BAC test, will result in a suspension for life. The lifetime suspension may be challenged after a 10 year period lapses. At that time, the person must show that they voluntarily took part in addiction treatment and that good cause exists for the reinstatement of their license. At that point, the commissioner may reinstate the CDL for a Milford driver.
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Notably, CDL drivers are not only subject to Connecticut law but also federal law by way of the Federal Motor Carrier Safety Administration and their regulations. These FMCSA rules are similar to state rules but also more severe in some respects. The BAC level is .04% at all times. Also, a refusal to take a BAC results in an automatic finding of driving under the influence.
To get a CDL takes time and money, and is often an investment for work-related purposes. As such, a DUI for someone with a CDL may potentially impact them in ways not typically felt by other drivers. Due to this, it is important that one find a competent DUI defense attorney to represent them. To discuss your situation, get legal advice, and work with a lawyer, contact our office.