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Denver Criminal Defense Lawyer / Denver CDL DUI Lawyer

Denver CDL DUI Lawyer

If you hold a commercial driver’s license (CDL) and have been charged with a driving under the influence (DUI) offense, the penalties are significantly more severe than for regular drivers. A DUI conviction for CDL holders, whether it occurs in a commercial or personal vehicle, can result in a revocation of your CDL, disqualification from driving a commercial motor vehicle (CMV), and serious long-term consequences that could jeopardize your career.

Penalties for DUI with a Commercial Driver’s License

Under Colorado Revised Statutes (C.R.S. § 42-2-126(3)(d)), the penalties for a DUI with a commercial driver’s license are far more severe than for regular drivers. Here’s what you need to know:

First Offense DUI (BAC .04 or greater)

  • CDL Revocation for One Year: If your blood alcohol content (BAC) is .04 or greater while driving a commercial motor vehicle, your CDL will be revoked for one year. This is a mandatory penalty and will affect your ability to operate a commercial vehicle.
  • Hazardous Materials: If you were transporting hazardous materials at the time of the offense, the revocation period increases to three years, regardless of whether it’s your first offense.

Second or Subsequent Offense DUI

  • Lifetime CDL Disqualification: For any second or subsequent DUI or DUI per se offense, the penalty is a lifetime denial of your CDL. This means you will lose the privilege of driving a commercial vehicle permanently, and your ability to work in the industry could be severely impacted.

DUI in Personal Vehicle with CDL

If you are a CDL holder but were driving a personal vehicle at the time of a DUI offense (i.e., your BAC is above .08), you are still subject to significant consequences. For a first offense, you could face one-year disqualification of your CDL. For a second offense, the disqualification will be lifetime.

Refusal to Take Alcohol or Drug Test

If you refuse a breathalyzer or other alcohol or drug tests, even if the offense occurred in a personal vehicle, you will face severe penalties. According to 49 C.F.R. § 383.51:

  • One-Year Prohibition: Refusing to take a test leads to a one-year prohibition from driving a commercial motor vehicle (CMV), regardless of whether you were driving a commercial or personal vehicle.
  • Three-Year Prohibition: If you were driving a commercial vehicle carrying hazardous materials at the time of the refusal, the prohibition increases to three years.
  • Lifetime Prohibition: For a second offense of refusing an alcohol or drug test, you will face a lifetime prohibition from driving a CMV.

Why are the Penalties So Severe for CDL Holders?

Commercial drivers are held to a higher standard because their job involves significant responsibility and safety risks. The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules that state governments must follow to regulate commercial driver’s licenses. These regulations are designed to maintain public safety on the roads by ensuring that individuals operating commercial vehicles are sober, alert, and free from impairing substances.

Additional Consequences of DUI with a CDL

In addition to the loss of your commercial driving privileges, there are other consequences for DUI with a commercial driver’s license:

  1. Convictions Appear on Your Record: DUI convictions appear on your driving record and are not subject to deferred judgments or diversion programs under 49 C.F.R. § 384.226.
  2. Impact on Employment: The disqualification of your CDL can make it difficult or impossible to find work in the commercial transportation industry. Many companies will not hire drivers with a history of DUI offenses, especially those that involve hazardous materials.
  3. Insurance Costs: If you can find employment, your insurance rates will likely increase, adding a significant financial burden to your situation.

Federal Regulations on Masking DUI Convictions for CDL Holders

Under 49 U.S.C. § 31311(a)(19), federal regulations prohibit states from masking, deferring, or allowing diversion programs that would prevent a DUI conviction from appearing in the national CDL database. Specifically, 49 C.F.R. § 384.226 (2013), which was added by 67 Fed.Reg. 49,742 and amended by 76 Fed.Reg. 26,895, outlines that a state must not mask or defer the imposition of judgment on DUI offenses or other major violations by CDL holders. This regulation ensures that DUI convictions and other serious traffic offenses remain visible in the national driver database, preventing unsafe commercial drivers from continuing to operate on highways.

The Federal Motor Carrier Safety Administration (FMCSA) has explained that this regulation was created to increase road safety by preventing drivers with convictions from evading accountability through diversion programs or other methods that might delay the appearance of a conviction. The FMCSA urges state agencies to collaborate with state judicial branches to eliminate masking practices, which can allow unsafe drivers to continue posing a risk to public safety on the road.

Understanding Your Rights and Defenses

If you are facing DUI charges with a CDL, it’s critical to understand your rights and options. The penalties can be severe, but there may be opportunities to challenge the charges or reduce the penalties. Working with an experienced DUI attorney who understands the unique circumstances of commercial driver’s licenses is vital to protecting your career and your future.

Call a Commercial Driver’s License Attorney Today

A DUI with a commercial driver’s license is a serious offense that carries severe penalties, including the revocation of your CDL, disqualification from driving commercial vehicles, and long-term career consequences. If you’ve been charged with a DUI, it is crucial to consult with an attorney to understand the full scope of the penalties you face and explore your legal options. The consequences of a DUI with a commercial driver’s license are not just legal—they can have a lasting impact on your livelihood and future in the transportation industry.

If you or someone you know is facing DUI charges with a commercial driver’s license, contact us today for a consultation. We understand your livelihood is at stake as a commercial driver and can help you navigate the legal complexities surrounding DUI offenses. Contact DeChant Law at 303-409-7500.