A Colorado drunk driving conviction is never good, but if you’re a commercial driver, the ways a DUI can affect your CDL are serious and far-reaching. As former prosecutors turned DUI defense attorneys, we at Newby Lindley and Slater understand the unique challenges CDL holders face when charged with driving under the influence. Let’s dive into what you need to know to protect your commercial driver’s license and your future.
The Severe Ways a DUI Can Affect Your CDL
When it comes to drunk driving charges, commercial drivers are expected to meet higher standards than regular motorists, and for good reason. Here’s what you’re up against:
- Lower BAC Limits: While the legal limit for most drivers is 0.08%, CDL holders face a stricter 0.04% limit when operating a commercial vehicle.
- Immediate License Suspension: A DUI arrest can trigger an immediate suspension of your CDL, even before conviction.
- Long-Term License Revocation: A conviction for DUI can result in a one-year revocation of your CDL for a first offense or a lifetime revocation for a second offense.
- Impact on Non-Commercial Driving: Any DUI, even one received in your personal vehicle, can impact your CDL status.
- Career Jeopardy: Many Colorado employers, especially those who hire drivers, have zero-tolerance policies for DUI convictions, effectively ending your driving career.
Understanding How a DUI Can Affect Your CDL Beyond the Immediate Consequences
When facing charges, it’s crucial to understand that a DUI can affect your CDL in ways that extend far beyond those faced by non-commercial drivers. Here’s why:
- Stricter Regulations: The FMCSA (Federal Motor Carrier Safety Administration) imposes strict rules on CDL holders.
- DUIs While Off-Duty Count: A DUI can affect your CDL even if you’re in your personal vehicle at the time of arrest.
- Broader Definition of “Under the Influence”: For CDL holders, this can include prescription medications that impact driving ability while on duty.
- Mandatory Reporting: Employers must be notified of DUI charges, potentially leading to job loss before conviction.
- Interstate Driving Restrictions: Commercial drivers with DUI convictions may face limitations when crossing state lines for work.
Protecting Your CDL: Steps to Take After a DUI Arrest
Receiving a DUI when you have a commercial driver’s license requires immediate action. Here’s what you need to do:
- Remember Your Right to Remain Silent: Limit your communication with law enforcement because everything you say can and will be used against you.
- Request an Attorney Immediately: Given how seriously a DUI can affect your CDL, expert legal representation is essential.
- Document Everything: As soon as possible, write down every detail you can remember about the arrest and the events surrounding it.
- Notify Your Employer: While this is an uncomfortable conversation, it’s often required and can prevent additional penalties for non-disclosure.
- Attend All Court Dates: Missing an El Paso County court appearance can result in additional charges and penalties.
Keep Reading: 5 Things to Do Immediately After Being Arrested in Colorado Springs
Hiring a Tenacious DUI Defense Attorney is Crucial
Commercial drivers facing DUI charges need a lawyer who understands the intricacies of both Colorado DUI law and CDL regulations. At Newby Lindley and Slater, we offer:
- Experience with CDL Cases: We understand the unique ways a DUI can affect your CDL and your career.
- Aggressive Defense Strategies: We know how to challenge evidence and negotiate for reduced charges.
- Understanding of Administrative Hearings: We can represent you in Colorado DMV hearings to fight CDL suspension.
- Compassionate and Comprehensive Approach: We understand that mistakes happen, and we will treat you with the respect and compassion you need, helping you get through not just the criminal charges you are facing but also representing your interests to get you back on the road as soon as possible.
Related: How Hiring an Experienced Drunk Driving Attorney Can Impact the Outcome of Your DUI Case
Potential Defenses When Facing a DUI
When you’re facing DUI charges, a strong defense is crucial. Here are some strategies we might employ:
- Challenging the Traffic Stop: Was there reasonable suspicion for the initial stop?
- Questioning BAC Testing: Were breath or blood tests administered correctly?
- Examining Field Sobriety Tests: These tests can be unreliable, especially for CDL holders who may have physical issues from long hours of driving.
- Investigating Procedural Errors: Did law enforcement follow all required procedures?
- Negotiating Alternative Charges: In some cases, we may be able to negotiate for charges that won’t affect your CDL as severely.
The Long-Term Impact on Your Commercial Driving Career
Understanding the long-term consequences of how a DUI can affect your CDL is crucial:
- Employment Challenges: Many companies won’t hire drivers with a DUI on their record.
- Insurance Rates: Your personal and commercial vehicle insurance rates may skyrocket.
- Future Earning Potential: A DUI can significantly reduce your earning capacity as a commercial driver.
- Professional Reputation: A DUI can damage your reputation in the trucking industry.
- Permanent Record: Unlike some offenses, a DUI typically cannot be expunged from your record.
You Might Like: Ask a DUI Attorney: Can You Beat a DUI But Still Lose Your License?
Why Choose Newby Lindley and Slater When a DUI Can Affect Your CDL
When your career and your freedom are on the line, you need more than just a lawyer – you need a drunk driving defense team that understands how seriously a DUI can affect your CDL and who will fight tenaciously to keep you on the road and out of jail. At Newby Lindley and Slater, we offer:
- Former Prosecutor Insight: We know how the other side builds DUI cases and have unique insight on how to fight the charges.
- Local Expertise: We understand Colorado’s DUI laws, local prosecutors, and El Paso County judges.
- Proven Track Record: Our record of successful outcomes in cases where a DUI threatened to affect a CDL speaks for itself.
- Comprehensive Defense: We fight not just criminal charges but also work to protect your license and keep you on the road.
- Personalized Attention: We understand that every case is unique and requires a tailored defense strategy.
Take Action to Protect Your CDL and Your Future
When a DUI can affect your CDL, it doesn’t have to be the end of your career, but it does require immediate and decisive action. At Newby Lindley and Slater, we’re ready to put our experience as former prosecutors to work for you. We understand the complexities of these cases, the severe consequences you’re facing, and the best strategies to protect your license and your livelihood.
Don’t risk your future as a commercial driver. Contact Newby Lindley and Slater today for a free, confidential consultation and case evaluation. Let us show you how our unique perspective and dedicated approach can make a difference in your case.
