Impact of a Fredericksburg DUI on a CDL

If a person has a CDL and they are convicted of DUI, they will lose their CDL and they will not be able to apply for another CDL. This could lead to a significant impact on a person’s career and ability to provide for themselves and their family. Given the potential impact of a Fredericksburg DUI on a CDL, individuals accused of drunk driving are advised to speak with an accomplished DUI attorney to learn their options.

Necessary Qualifications to Obtain a Commercial Driver’s License

A CDL, or commercial driver’s license, is issued by the State in Virginia. A person must be a minimum of 18 years old for a temporary CDL and 21 for the permanent CDL. Individuals must also:

  • Be residents in Virginia
  • Must fit certain medical certification requirements and driver education requirements for CDL programs
  • Must pass a test that is specific to CDLs
  • Must have a clean record
  • Cannot get certain types of traffic infractions, which includes a DUI, when they have their CDL

CDL drivers have to keep a cleaner record than a regular licensed driver. CDL drivers could be convicted of a DUI if their BAC is 0.04 or higher, which is half of the normal limit.

Who is Required to Have a CDL?

If a person drives a vehicle that has a certain number of people, they will need to apply for and obtain a CDL, which is issued for a commercial vehicle. Drivers must also have a CDL if the vehicle weighs more than 10,000 pounds or if it is used to transport hazardous materials. If their vehicle is considered a commercial vehicle by definition, they must have a CDL to be able to lawfully drive that type of vehicle. Individuals who wish to understand the impact of a Fredericksburg DUI on a CDL are recommended to contact a seasoned attorney immediately.

How Courts Treat CDL DUI Cases

In Northern Virginia, courts are often harsher and less lenient toward individuals who are charged with a DUI and who drive for a living. Having a BAC of 0.04 or higher is going to disqualify a person from their CDL and will potentially make them liable for a criminal DUI CDL conviction. Any type of alcohol or drugs would disqualify them from a future CDL. Refusing a breath test after a DUI arrest for CDL will also disqualify them. If there were hazardous materials in their vehicle, they will be held to even more heightened standards.

A person will be barred from having CDL for a minimum of one year if they commit any of those offenses. Given the heightened expectation of safety, CDL drivers are held to a high standard and DUIs involving CDL holders are treated much more seriously.

As an attorney could explain, individuals are not eligible for any restricted license for a CDL after a first-time DUI conviction. If a person has a CDL and receives their second DUI offense, they will receive a lifetime ban from CDLs.

A Fredericksburg Attorney Could Help CDL Holders Charged with a DUI

After a conviction of a DUI, an attorney may only be able to help CDL holders retain employment by assisting them with finding new lines of work. As an example, the attorney could have the person relinquish their CDL before the conviction so that they are able to apply for a restricted normal driver’s license after the conviction. If this is the case, the person may be able to keep driving for a living on a restricted license and not in a commercial vehicle. Contact a knowledgeable attorney today to learn more about the impact of a Fredericksburg DUI on a CDL.

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