CDL Drivers

In Illinois, CDL drivers are held to a higher standard than other drivers.  Any conviction for a moving violation, even while operating your personal vehicle, can have serious consequences for your commercial drivers license.   Accumulating 2 or more moving violations within a three year period can disqualify your CDL.  In order to keep these violations off your record, you will need to get the charge dismissed or have the charge amended to a non-moving violation.  Hiring an experienced attorney is the best way to keep these violations off your record.  My office has successfully helped CDL drivers keep moving violations off their record by representing them at trial or negotiating a plea bargain with the State’s Attorney’s Office.

PENALTIES FOR MOVING VIOLATIONS

For ordinary drivers, dispositions like Court Supervision are a great way to keep traffic convictions off their record.  If you are a CDL holder, Court Supervision will not be able to keep a moving violation from disqualifying your CDL.  If a CDL driver commits 2 “Serious Traffic Violations” within a 3 year period, their CDL will be disqualified for a period of 60 days.  If you commit 3 violations within the 3 year period then your CDL will be disqualified for 120 days.  Some examples of serious traffic violations include the following:

  • speeding 15 mph over the limit
  • Reckless driving
  • Improper lane use
  • Texting while driving
  • Following too closely.

Additionally, any charge involving railroad crossings has the potential to disqualify your CDL on the first offense.

DUI WITH A CDL

A DUI can have serious consequences for persons with a commercial driver’s license.  For ordinary drivers, dispositions like Court Supervision are available to keep DUI convictions off their record and prevent their license from becoming revoked.  This disposition, however, is unavailable for CDL drivers.  While a CDL holder may receive Court Supervision for their DUI, this will not prevent their CDL from being disqualified.  For a first offense DUI a CDL holder will have their license disqualified for a period one year.  If the driver was hauling hazardous materials, then the disqualification would be for 3 years.  A second violation, regardless of the circumstances, will result in a lifetime disqualification.

A CDL driver does not have to be convicted of a DUI to be disqualified from operating Commercial Motor Vehicles (CMV).  Since Illinois is an “implied consent” state, any driver on the public roadway is required to submit to a breathalyzer when asked.  If the driver refuses chemical testing, their license will be subject to a Statutory Summary Suspension (SSS).  In addition to the SSS, a CDL holder will have their license disqualified for any of the following:

  • The driver refuses to submit to a breathalyzer,
  • The driver has a BAC over .08 while operating their personal vehicle
  • The driver has a BAC over .04 while operating a CMV.

Just because you have been charged with DUI does not mean you must be convicted.  I have successfully helped CDL drivers keep their license from being disqualified even after being charged with DUI.