Commercial drivers serve an integral role in our economy, transporting goods across the nation. However, CDL holders pose a risk to public safety due to the massive size of the vehicles they drive, so they are held to much higher standards when it comes to impaired driving. If they drink and drive, they are subject to harsher rules and consequences. A DUI conviction could - but does not necessarily have to - mean the end of their career.
If you drive a commercial motor vehicle and were arrested for DUI in Edmond, El Reno, Mustang, Norman, Oklahoma City, or Yukon, an experienced criminal defense attorney from Fasio Law can provide you with legal advice and representation to respond to these charges. Contact us today for a confidential consultation.
How DUI Laws Differ for Commercial Drivers in Oklahoma
Because of the potential threat to public safety, DUI laws are different for commercial drivers than they are for non-commercial drivers. Commercial drivers are subject to penalties and criminal charges even if their blood alcohol content would be at a legal limit if they were not a CDL holder. Additionally, they can be subject to a driver’s license suspension for longer than other motorists if they are convicted of a DUI.
Furthermore, commercial driver’s license holders can be subject to license suspension for more extended periods of time and under different rules than non-commercial drivers. If a commercial driver is convicted of DUI while driving any vehicle, including their own personal vehicle, they can be subject to a long period of suspension.
Under federal law, any of the following count as a DUI conviction for the purposes of revoking your driving privileges for your commercial driver’s license:
- Pleading guilty
- Pleading no contest
- Being found guilty after a trial
- Having your charges dismissed with payment of court costs
- Receiving a deferred sentence resulting in no conviction
The Oklahoma Department of Public Safety bans the CDL for one year after being found guilty of driving while under the influence of alcohol or drugs (DUI) or while in actual physical control (APC) of a commercial vehicle with a blood or breath test beyond the legal limit. Your license can also be banned for a year if you refuse to take a chemical test.
If you are driving a commercial vehicle that requires a hazardous material placard, your CDL will be suspended for three years. If it is your second conviction for DUI or APC, your CDL is banned for life.
The Oklahoma Department of Public Safety bans your CDL for 60 days if you receive a second conviction within a three-year period for a serious traffic offense while operating a commercial vehicle. If it is your third conviction for serious traffic violations, the ban is for 120 days.
CDL drivers who are convicted of DUI face the same potential criminal penalties as other drivers convicted of this offense, including the following for first-time offenders:
- Jail time
- Fines
- License revocation
- The requirement to attend a victim impact panel
- Required drug and alcohol treatment
- Community service
- Supervised probation
BAC Limits for CDL Holders
For regular Oklahoma drivers, the legal limit to be considered per se intoxicated is 0.08% or greater. For CDL holders, the allowable blood alcohol concentration is just half this amount of 0.04%. Additionally, many law enforcement authorities take drunk driving by commercial drivers even more seriously, so they’re more likely to enforce these rules.
Immediate Consequences of a DUI for CDL Drivers
Truck drivers found to be operating their vehicle (commercial or personal) under the influence must submit to a chemical or breath test for alcohol or drugs under Oklahoma law. If drivers refuse to submit to these tests required under the implied consent law, their driver’s licenses can be immediately suspended.
State and federal law impact how a DUI conviction is recorded and the penalties that result. Service Oklahoma carries out the disqualification provisions once it receives a record of conviction against any person operating a Class A, Class B, or Class C commercial motor vehicle for at least one year. The disqualification period extends to three years if the driver was transporting hazardous materials at the time of the DUI offense.
You must notify your employer within 30 days if you are convicted of the offense. The offense is entered on your driving record. You may be required to obtain high-risk SR-22 insurance.
Additionally, Federal Motor Carrier Safety Administration rules require your license or commercial learner’s permit to be automatically downgraded by state driver licensing agencies to prohibited status in the CDL Drug and Alcohol Clearinghouse. You will not be able to legally operate a commercial motor vehicle until you complete the return-to-duty status.
Can You Get a Hardship License for a CDL?
No. Oklahoma does not provide a modified driver’s license for commercial drivers. Oklahoma only allows modification of a Class D license, which is for regular operators. Additionally, while some Oklahoma drivers can install an ignition interlock device to restore their driving privileges sooner than the end of the suspension period, this option is not available to commercial drivers.
There is no separate legal pathway to seek a modification for a commercial driver’s license. Therefore, if you are convicted of DUI or APC and have a commercial driver’s license, you will most likely not be able to work for one year or possibly your lifetime if your job requires the CDL.
Can You Get a CDL with a DUI?
If you’ve already been convicted of a DUI but are interested in getting a CDL, you might be wondering, “Can you obtain a CDL with a DUI?” While there are many internet queries for “can u get a CDL with a DUI,” there is no definitive answer.
Whether you can obtain a CDL will depend on specific factors related to your case, including:
- The disposition of your case
- Whether you received drug or alcohol treatment
- How long ago the conviction occurred
What Are the Long-Term Consequences of a CDL DUI?
So, what happens if you get a DUI with a CDL? After you are subject to the initial penalties and license suspension period, you may face ongoing consequences. You will be unable to work as a truck driver for at least a year, which can derail your career and cause a loss of employment. In some cases, your disqualification may be for ten years or even life.
If you’re able to reinstate your license, other companies may be reluctant to hire you with a DUI conviction on your driving record because you may pose a risk to safety, and they want to avoid liability if you cause an accident.
Besides the impact on your career, you can face serious penalties related to the criminal case. Criminal penalties can include:
- First offense - Misdemeanor if there are no injuries or death; ten days to one year in jail, fines of up to $1,000, court costs, DUI school, probation, community service, and the victim impact panel
- Second offense - Misdemeanor if there are no injuries or death; felony DUI if you have been convicted of DUI in the last ten years; one to five years in jail, fines of up to $2,500, and the other penalties provided to first-time offenders.
- Third or subsequent offense - DUI felony; one to ten years in jail, fines of up to $5,000, and the other penalties provided to first-time offenders.
Other potential personal consequences include a damaged reputation, difficulty maintaining child custody arrangements, and complications to your immigration status if you’re not a citizen.
Can You Reinstate Your CDL After a DUI?
It may be possible to reinstate your CDL after a DUI, depending on the circumstances. Some offenses allow you to reinstate your CDL after one year, some after ten years, and some not at all.
If you’re eligible for reinstatement, you must typically complete the following steps:
- Serve the full disqualification period.
- Satisfy all reinstatement requirements.
- Complete court-ordered requirements, such as completing DUI education programs, substance abuse treatment, or probation terms.
- Pay reinstatement fees.
- Fulfill the CDL testing requirements.
Can You Get a CDL DUI Expunged in Oklahoma?
Oklahoma law on expungements is changing, so it’s best to talk to an experienced expungement lawyer who can review your case to determine if it is eligible for expungement. Specific factors will affect whether your case can be expunged, such as the type of charge you were convicted of, your sentence, when the offense occurred, and whether any other criminal charges are pending.
Common Defenses Against a CDL DUI Charge
Various defenses could apply to your case. If law enforcement did not have reasonable suspicion to stop you, we may be able to raise constitutional violations. If the arresting officer did not conduct a field sobriety test correctly, this evidence could be suppressed. If the breathalyzer machine did not work properly, we can argue this information.
The best defense will be based on the strengths of your case. An experienced criminal defense attorney can help determine them.
Steps to Take If You’ve Been Charged With a CDL DUI
If you’ve been charged with a CDL DUI, do the following:
- Exercise your right to remain silent.
- Request a lawyer.
- Pay bail to get out of jail.
- Request an administrative hearing with the Oklahoma Department of Public Safety to contest the suspension of your CDL.
- Attend all required court dates.
- Follow your attorney’s advice.
Remember that even some types of dismissals or deferred actions can still disqualify you from driving a commercial vehicle, so don’t take any plea deal without talking to your attorney first.
How Fassio Law Can Help CDL Holders Fight DUI Charges
If you’re facing criminal charges for a DUI and you’re a commercial driver, the potential consequences of a conviction are even more serious than they are for other drivers. You need help from a skilled criminal defense attorney who can guide you through the legal system and put on an effective DUI defense for you.
Fassio Law was founded by a former prosecutor. Our Oklahoma City criminal defense attorneys have decades of combined experience that we can leverage to challenge evidence, negotiate for a favorable resolution, and fight for your rights in court. We focus on protecting your future and your livelihood.
Contact us today to schedule a confidential case evaluation.
Related:
Can You Be Charged with DUI for Prescription Drugs or Marijuana in Oklahoma?
