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.