Commercial Drivers & DWI Defense
Did you get a DWI with a CDL?
If you are in possession of commercial driver's license, the rules
of the road are quite different for you. Since Congress passed the Commercial
Motor Vehicle Safety Act back in 1986, states have been required to adopt
federally mandated testing and licensing standards and enforce penalties
on CDL holders for traffic violations that may not even occur within a
commercial vehicle. So what does this mean exactly? A holder of a
commercial driver's license (CDL) has more at stake for certain types of criminal convictions. In many cases,
a holder of a CDL could lose the license and his/her source of income
as the result of a conviction regardless of the type of vehicle used when
committing the offense.
Many people do not realize their commercial driver's license is at
risk even if they committed a crime in a noncommercial vehicle.
If you are a CDL holder and have been accused of driving while intoxicated,
you must act quickly!
Get help from a St. Louis DWI
How can a DWI affect my CDL?
If you possess a commercial driver's license, the law can have harsh
penalties if you are convicted of certain criminal offenses even though
the offense occurred while driving a noncommercial vehicle. Under federal
law, holders of commercial driver's licenses can be disqualified for
specific offenses committed while operating a noncommercial vehicle.
If you are a CDL holder and receive a ticket for a DWI/DUI in your own
personal noncommercial vehicle, the rules you will receive are much harsher
for someone who just possess a noncommercial driver's license. For
more information, check out our blog post that talks about how a DWI effects
a CDL holder's noncommercial license.
With so much at stake, it is important that a driver with a commercial
driver’s license take all of the necessary steps to protect their
rights and driving privileges when they have been accused of driving while
intoxicated. A St. Louis DWI lawyer can help protect your rights and ensure
that you don’t lose your job due to this accusation!
CDL Penalty for DWI Conviction
A first time conviction of these criminal offenses will result in the disqualification
of a commercial driver's license for a period of no less than one
(1) year. If any of these offenses occur while the driver is transporting
hazardous material in certain quantities, the disqualification period
is three (3) years.
In some instances, a person who loses his/her general driving privileges
may apply for the issuance of a
limited driving privilege (LDP), also commonly known as a "hardship" license. This limited driving
privilege would allow a person to legally drive a noncommercial vehicle
under very specific circumstances.
However, Missouri law prohibits the issuance of a limited driving privilege
(LDP) to a person whose commercial driving privileges are disqualified.
A commercial driver's license (CDL) holder whose general driving privileges
revoked for actions occurring in a noncommercial vehicle may apply for a limited
privilege to operate only a commercial vehicle.
There are specific conditions that allow a state to refuse to issue a probationary
license to a CDL holder, which would permit the driver to operate a commercial
vehicle. Our lawyers have years of experience in
traffic law. We can help you apply for the issuance of a limited driving privilege
for your CDL privileges and protect your source of income.
If you or a loved one has been charged with any of the offenses described
above, it is imperative that you seek representation from an experienced
DWI defense attorney. The law has harsh penalties for CDL holders who
commit specific criminal offenses!
Millikan Wright, LLC Protects You When Your License is at Stake
Those with a commercial driver’s license usually make their living
by driving. When their ability to drive is threatened by a DWI conviction,
it puts their livelihood and ability to support themselves and their families
at stake. No one should have to worry about how an arrest will change
their lives, and when you work with the St. Louis DWI attorneys on our
team, you can be assured we are aggressively fighting for your rights.