Are you a commercial driver who has been charged with DUI? If so, you may be wondering if the punishment is different for commercial drivers versus civilian motorists. In this blog post, we'll provide some background information on commercial driving licenses and discuss the penalties that commercial drivers may face for DUI.
Whether you're facing a first-time offense or a repeat offense, it's important to understand the laws in West Virginia and how they may affect your case. Our experienced DUI attorneys can help you navigate the legal process and protect your rights.
What Is a Commercial Driver's License (CDL)?
A commercial driver's license (CDL) is a professional driver's license that is required to operate any type of vehicle larger than a normal passenger-type vehicle weighing 26,001 lbs. or more, or drive vehicles with 16+ passengers including the driver. It is also necessary for individuals transporting hazardous materials.
It requires additional testing for specific classes of vehicles to ensure that drivers are properly trained and qualified for operating them safely. Even though it requires significant effort to obtain the licensure, it ensures that commercial drivers have the proper knowledge and skill set needed to navigate through the difficult driving conditions created by their large size and heavier-weight vehicles.
How Is A CDL Different From A Regular Driver's License?
A Commercial Driver's License (CDL) is a certification that requires specialized knowledge and skill to safely operate a commercial vehicle. Obtaining a CDL requires passing a written exam, vision examination, and road skills test. In addition, applicants with a previous DUI on their record will face more stringent procedures while applying for a CDL than they would during the application process for an ordinary driver's license. Maintaining a clean traffic record is essential for any person who holds or wishes to obtain a CDL since penalties for traffic violations are often stricter for commercial drivers than civilian motorists.
Are There Different Penalties for Commercial Drivers?
With commercial drivers having greater responsibility in transporting people and goods safely, they are held to higher standards than civilian motorists when it comes to their driving records. DUI laws vary from state to state, but it's clear that commercial drivers face more severe penalties when convicted of these charges. Depending on the situation, a commercial driver’s license could be suspended or revoked altogether, losing them the means to work as they have been trained.
There is also the possibility that companies that employ commercial drivers could face fines or other sanctions from law enforcement depending on their role in hiring or retaining and driver with a DUI/DWI conviction. Ultimately, it is essential for those who are employed professionally as commercial drivers to understand the implications of violating DUI laws, as the potential consequences carry far greater weight than for a civilian vehicle operator.
What Should Commercial Drivers Do After an Arrest?
If you are arrested for DUI while driving a commercial vehicle, it is important to take immediate legal action. Due to stricter standards for those with commercial driving licenses, an infraction could have serious repercussions and can lead to long-lasting consequences such as suspension of your CDL privileges or the revocation of your license entirely.
An experienced attorney will be able to advise you on what steps should be taken next and help to reduce or negate possible penalties. They are also familiar with how states may handle such a case differently, so they can best inform you of the severity and tailor their approach accordingly. In any case, if faced with a DUI offense related to your commercial vehicle license, do not hesitate; to get legal help right away.
Contact The Wagner Law Firm to learn more.