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Defense for Commercial Driver’s License DUI Charges in FL
The standards for commercial vehicle drivers are much higher than the standard for drivers of passenger vehicles. The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) instituted the commercial driver’s license (CDL) program in 1986 in order to make roads and highways safer for everyone.
Because commercial vehicles are incredibly large, the damage they can cause in the event of an accident is greater. Knowing this the FMCSA instituted that CDL holders have less room for error when it comes to blood alcohol concentration (BAC). If you are a CDL driver, you only have to have a BAC of .04 percent or higher to be arrested for DUI.
Defense Against CDL DUI Charges
Any infraction against the commercial motor vehicles law will result in your commercial driver’s license (CDL) being revoked for one year, which means you are not allowed to pilot a commercial vehicle of any type during that time. This is in addition to any other penalties you may face for the DUI charge. If you are charged with DUI for a second time while in a commercial vehicle, your CDL will be revoked permanently, and you will be disqualified from operating such a vehicle ever again.
If you are a commercial vehicle driver and you have been arrested for DUI, your license will be automatically suspended unless you contest your drunk driving arrest. With help from the right Tampa commercial DUI defense lawyer, you could not only get your CDL back, but your livelihood back as well.
If you have been charged with a CDL DUI, contact a Tampa DUI attorney who can review the facts of your case and provide you with legal help in court.
If you have been arrested for driving under the influence either while driving your commercial vehicle or not, you are required to tell your employer within 30 days. This goes for any type of traffic violation or related criminal offense. This means that even a DUI arrest while you were not on duty and even while you were driving your own personal vehicle could put your CDL at risk.
Regardless of the circumstances, if you are a CDL holder, you must tell your employer within 30 days of your conviction. If your license has already been suspended, then you are required to notify your employer by the end of the following business day (after you received the written notice of suspension or revocation).
If you already have a DUI on your record and are wondering if you can gain employment as a commercial truck driver, it is possible. However, it is important to understand that all potential employees when applying for a CDL job must provide employment history within the past ten years. If you were arrested for a DUI within the past ten years, this would likely appear on your employment history.
Types of CDL Disqualifications
There are different and distinct categories of traffic offenses, each of which affects a driver’s CDL status differently. For example, there are major offenses, serious traffic offenses and highway grade crossing violations. Listed below are the corresponding penalties:
- Major Offenses: First offense is a 1-year disqualification or 3-year disqualification if it involved transporting hazardous materials. Second violation is a lifelong disqualification.
- Serious Traffic Offenses: First offense does not constitute a disqualification. Second violation within three years of the first is a 60-day disqualification. A third results in a 120-day disqualification.
- Railroad-Highway Grade Crossing Offenses: First violation is a minimum 60 day disqualification. Second within three years is a minimum 120-day disqualification. A third will have a minimum 1-year disqualification.
To learn about the other penalties you might face following a CDL DUI, contact our firm. Taracks & Associates have years of experience and success in the field of drunk driving defense and can assist you if you have been arrested.
Skilled CDL DUI Defense Attorney in Tampa
The aftermath of a CDL DUI conviction can prove to be very difficult for the individual convicted. A CDL revocation could mean the interruption or eradication of the person’s livelihood, causing extreme financial hardship for them and their family. With so much at stake, you are entitled to a fair and thorough trial for your CDL DUI charges, and an experienced attorney is your best chance at making sure that happens.
The Tampa CDL DUI lawyer at Taracks & Associates is intimately familiar with the workings of DUI cases, and we use that experience to our clients’ benefit on a regular basis. Call our firm today about your CDL DUI case, and we will provide you with skilled legal representation that will increase your chances of a favorable outcome for you.
If you have been arrested for DUI while holding a commercial driver’s license, contact a Tampa CDL DUI defense lawyer.