Is It Possible To Avoid Having Your CDL Suspended For A DUI?

People who drive commercial vehicles are held to a higher standard when it comes to DUIs. Not only is the legal limit for DUIs lower for commercial drivers (i.e. 0.4 versus 0.8 for non-CDL drivers), but the consequences of being convicted of a DUI are more severe. In particular, your license will automatically be suspended when you're convicted of a DUI the first time. Whether you can avoid this outcome depends on a few factors. Here's what you need to know.

The Type of Vehicle You Were Driving

The type of vehicle you were operating at the time you were stopped for DUI will have a big impact on whether or not your license will be suspended and for how long. In general, DUIs in a commercial vehicle will result in longer suspensions than those committed in a non-commercial vehicle. For example, in Mississippi, your license will be suspended for one year if you drive a commercial vehicle while intoxicated. However, it may only be suspended for 90 days if you're convicted of a DUI in a regular car or truck.

Additionally, some rules only apply if you're driving a commercial vehicle. For instance, drivers are prohibited from operating commercial vehicles within 4 hours of consuming intoxicants (e.g. drugs or alcohol), and you will be charged with a DUI regardless of your blood alcohol level. This rule doesn't apply if you're driving a regular vehicle, though, so may be able to avoid a commercial license suspension based on this rule if you were pulled over in your personal car or truck.

The rules differ depending on where you live, however, so it's best to check with an attorney to determine whether the type of vehicle you were driving will have any effect on your case.

Whether the Prosecutor is Willing to Negotiate

Another factor on whether you can avoid a license suspension is if the prosecutor is willing to negotiate a plea deal for an alternate charge. DUI convictions usually result in an automatic license suspension. However, you can avoid this issue altogether if you can get the prosecutor to agree to accept a lesser or different charge, such as wet reckless or reckless driving. Since these offenses typically only add points to your license, the risk of having your license suspended is significantly reduced.

Of course, the prosecutor's willingness to accept a plea deal will depend on the circumstances of your case. If you caused an accident or there were fatalities involved in the incident, the prosecutor will typically be less willing to make a deal.

For more information about this issue or help with your DUI case, contact an attorney. Visit a site like http://www.chichesterlaw.com for more help.


Share