A DUI Could Be the End of the Road for Your CDL
Video Transcribed: Can a CDL driver maintain their CDL licensure after receiving or being convicted of a DUI? Hello, my name’s Ty Smith, an Oklahoma lawyer with Wirth Law, and the answer is, it depends, but let’s get into it.
If you’re convicted of a DUI, it doesn’t matter if you were in your commercial motor vehicle, or CMV, or not. After your first conviction of DUI, you’re going to get a one-year suspension from your CDL. You’re still going to be allowed to drive, but you won’t be able to drive CDL or commercial motor vehicles, okay. And even your driver’s license will have certain restrictions on it. You may have to blow into a breathalyzer or something like that.
In addition to that, that is going to be charged as a misdemeanor, so you may face some jail time up to a year, and you may also have to pay a fine of up to a thousand dollars, okay. So after a year, yes, you can maintain it if it’s just the one. However, if within 10 years of that first conviction, you pick up a second DUI, you’re going to face a lifetime ban from CDL licensure, okay. In addition to that, it’s going to be charged as felony DUI, which takes with it a one to five-year prison sentence and a maximum fine of $2,500. Sorry, got ahead of myself. And just for completionary’s sake, three or more is going to get you one to seven years in prison and up to a $5,000 fine. Got ahead of myself there. So this is a serious thing.
I suppose the answer to the question posed at the beginning is yes, technically, but you need to understand that a CDL is a major violation that stands to potentially completely strip you of your ability to do that line of work if your work involves commercial motor vehicles. So do not take this on the chin.
If this sounds like your situation, if you’re faced with a DUI and you’re a CDL holder, you need to speak to an attorney about this. You need to talk to them and not take this on the chin because you face the potential of losing your ability to work. I would love to be that Oklahoma City CDL attorney for you. You can find me at theoklahomacityattorney.com, or you can also call me at (405) 888-5400. Would love to speak with you about your case or really about anything law related.
