Those with commercial driver’s licenses (CDL) usually face even harsher consequences for a DUI conviction than the average motorist. Not only do CDL drivers risk the typical fines and jail time that others face, they could potentially suffer the loss of their livelihood should their driver’s license be revoked. This is one reason it’s crucial for Louisiana CDL drivers who face DUI charges to hire an experienced criminal defense attorney before considering any guilty pleas.
The DUI attorneys with the John D. & Eric G. Johnson Law Firm can help CDL drivers who have been charged with drunk driving navigate the complicated legal system. This could mean the difference between losing or saving your CDL and career.
Understanding the Consequences of a DUI Charge
A DUI charge can have severe consequences on an individual’s life, impacting both their professional and personal well-being. In Louisiana, a DUI conviction can lead to significant penalties, including fines, jail time, community service, and license suspension. For commercial drivers, the stakes are even higher. A DUI conviction can result in the loss of their commercial driver’s license (CDL), effectively ending their career and livelihood.
Given these high stakes, it is crucial for commercial drivers to understand the full scope of the consequences associated with a DUI charge. The potential penalties can be life-altering, making it essential to seek the assistance of an experienced criminal defense attorney. A skilled attorney can help navigate the legal complexities, challenge the evidence, and work to minimize the potential penalties, thereby protecting the driver’s career and future.
Can I Lose My Commercial Driver’s License for a DUI Conviction?
The state of Louisiana’s drunk driving statutes follow federal guidelines when it comes to commercial drivers. Penalties for those who hold a commercial driver’s license (CDL) are quite harsh and include a driving license suspension of at least one year for many offenses, especially any associated with driving under the influence. These sentencing guidelines apply even if you were operating your personal rather than commercial vehicle at the time of arrest.
Louisiana DUI laws are particularly stringent for CDL holders, reflecting the serious nature of operating commercial vehicles under the influence.
Certain considerations will affect whether you are convicted of a “major” or “minor” violation, which further dictates how harsh sentencing will be. A major violation will be met with a license suspension of at least one year, but the suspension could run up to as many as three years if hazardous materials were also being transported when you were arrested.
Both DUI convictions and refusing to consent to blood alcohol testing (as mandated by Louisiana’s Informed Consent Law) count as major violations that will lead to suspension of your CDL. Being convicted of a second DUI charge or committing any other major violation (e.g., a hit-and-run accident or driving while under the influence of narcotics) could lead to a lifetime CDL suspension under Louisiana law.
What Is the Legal Limit of Alcohol for a CDL Driver?
The legal limit of alcohol is actually much lower for those operating a vehicle with a commercial driver’s license (CDL) than it is for other types of drivers. Louisiana’s blood alcohol content (BAC) limit is .08 percent for operators of non-commercial vehicles, but someone operating a commercial vehicle can face arrest at only .04 percent.
Louisiana DWI laws impose strict penalties on CDL holders, reflecting the heightened responsibility of commercial drivers. Our state also tends to punish traffic convictions more harshly than many others. Commercial drivers cannot reduce their moving violations from their driving records by enrolling in Defensive Driving or participating in Deferred Adjudication. The combination of prior traffic violations and conviction of DUI charges can hurt your driving record and cause your insurance premiums to skyrocket.
If you’re arrested while operating a motor vehicle and accused of having a BAC above the legal limit, it’s crucial to consult with a criminal defense attorney immediately. An experienced DUI lawyer can help you determine the best course of action and, if necessary, help you prepare to vigorously defend yourself against the charges.
Commercial DWI Laws in Louisiana
Commercial DWI laws in Louisiana are notably stricter than those for non-commercial drivers. One of the key differences is the lower blood alcohol concentration (BAC) limit for commercial drivers, set at 0.04%, compared to 0.08% for non-commercial drivers. This lower threshold means that commercial drivers can face DWI charges even with a relatively small amount of alcohol in their system.
The penalties for a commercial DWI conviction are severe. A first offense can result in a one-year disqualification of the CDL, while a second offense can lead to a ten-year disqualification. These stringent laws underscore the importance for commercial drivers to be acutely aware of their legal responsibilities and the serious consequences of a DWI conviction. Taking necessary precautions and understanding the law can help commercial drivers avoid such charges and protect their careers.
Defending a DUI Charge as a CDL Driver
Defending a DUI charge as a CDL driver requires a thorough understanding of the specific laws and regulations that govern commercial drivers. The stakes are high, and the legal landscape is complex, making it essential to have an experienced criminal defense attorney by your side. An attorney with expertise in DUI cases can help CDL drivers navigate the legal system and protect their rights.
Several defense strategies can be employed to challenge a DUI charge. An experienced attorney can question the legality of the traffic stop, scrutinize the accuracy of breathalyzer or field sobriety tests, and identify any procedural errors that may have occurred during the arrest. By meticulously examining every aspect of the case, the attorney can build a robust defense aimed at avoiding a conviction and preserving the driver’s CDL and livelihood.
For CDL drivers facing a DUI charge, seeking the help of an experienced criminal defense attorney is not just advisable—it is essential. The right legal representation can make a significant difference in the outcome of the case and the driver’s future.
Contact the DUI Attorneys with the John D. & Eric G. Johnson Law Firm
Contact the criminal defense attorneys with the John D. & Eric G. Johnson Law Firm to learn more about how a DUI affects your Louisiana CDL. Our DUI lawyers offer decades of experience in advocating for clients facing similar charges. Call us at (318) 377-1555 or contact us online to schedule a no-cost case evaluation.