Virginia Commercial Driver DUI
If you have a commercial driver’s license (CDL) in Virginia, your career likely depends on your driver’s license. Therefore, if you are currently facing a DUI charge in Virginia, you could be facing penalties that have very meaningful ramifications to both you and your professional career.
An experienced Virginia commercial driver DUI lawyer’s extensive knowledge of the law may be able to assist in keeping you on the road.
When Can you be Convicted of a Commercial Driver DUI?
Virginia Code Section 46.2-341.24 lowers the Blood Alcohol Content needed to be convicted of a DUI.
In Virginia, a Blood Alcohol Content of .08 is the presumption for determining whether or not a regular driver was operating a vehicle while intoxicated. However, Section 46.2-341.24 changes the Blood Alcohol Content level for commercial drivers to .04 or higher. This means that if you even had one drink prior to driving, it is possible that your Blood Alcohol Content could be .04 or higher.
In addition, you will be found to have violated Virginia’s DUI law if you are a commercial driver who was pulled over due to suspicion of drinking and later refused to submit to a breath or blood test.
Because the margin for error is so low, it is possible that at some point during your driving career you could find yourself in the unfortunate position of facing a commercial DUI conviction.
What are the Penalties for a Commercial Driver DUI?
If you have been charged with a Commercial Driver DUI you could be facing the following penalties which are outlined under Section 46.2-341.18:
- Up to 1 year in Jail
- A fine in excess of $2,500
- Prohibited from driving a commercial vehicle for 1 year
- Prohibited from driving a commercial vehicle for at least 3 years if you were found to have been transporting hazardous materials while intoxicated
- Loss of your commercial license for life if this is your second offense
- An “out-of-service” designation whereby you will not be allowed to drive within 24-hours after a traffic stop if it was found you had a Blood Alcohol Content of less than .04 but were still impaired
- Outside of state penalties, it is possible that you may face Federal punishment through the Federal Motor Carrier Safety Administration which include suspensions, disqualifications, and fines
After a commercial driver DUI conviction, the Virginia Department of Motor Vehicles requires that you notify your employer within 30 days.
How a Commercial Driver DUI Lawyer can Help
If you are a commercial driver, your driving privileges are your livelihood since your vehicle, along with the ability to drive, is instrumental to your profession. An aggressive commercial driver DUI lawyer can help fight for your rights while looking for ways to keep you on the road.
Please contact our firm to consult with an experienced Virginia commercial driver DUI lawyer.