If you get a DUI as a commercial, the consequences you’ll face are far more severe compared to the regular drivers.
A commercial driver typically faces different charges when driving under the influence. It typically leads to the suspension of the license or CDL, often leading to loss of job and legal penalties.
The federal government of the USA has strict regulations for truck drivers driving under the influence. Commercial drivers aren’t allowed to drive with more than 0.04% level of alcohol in their blood. This level goes up to 0.08% for non-commercial drivers.
Violating any of these rules would lead to professional risk and loss of reputation as a commercial driver. Here is a comprehensive guide on what to do as a commercial driver if you are getting a DUI.
Legal Consequences of Commercial Drivers Getting a DUI
The following are the legal consequences for commercial drivers who get a DUI:
CDL Suspension/Breakdown
The first fatal legal consequence of a commercial driver getting a DUI is revocation of CDL ( commercial driving license) or complete suspension of their CDL.
This is difficult for a commercial driver since, without their driving license, they will be out of their job.
First Offense: Typically, a DUI for commercial drivers has different types and levels of consequences. The first offense leads them to a one-year suspension of their driving license.
Hazardous Materials Transport: Aside from driving after a higher level of alcohol intake, if the driver carries hazardous materials during the time of the offense, their suspension goes up to three years.
Second Offense: This type of offense leads to permanent revocation of the CDL.
Criminal Penalties & Fines
Criminal penalties and fines for DUI have different consequences in different states. Typically, it leads to jail time, hefty fines, and the revocation of the license. The degree of offense and consequences depend on blood alcohol content.
Fines start with a $300 amount and range up to $2,000. However, it can go up depending on the level of crime. Sometimes, this leads to a mandatory level of education about alcohol and mandatory treatment programs.
The consequences are more severe for commercial drivers compared to non-commercial offenders of the law. It’s best to take advice from a professional DUI lawyer who can help you understand your rights as a commercial driver under such conditions.
Employer and Insurance Implications
Typically, employers have a zero-tolerance implication for DUI cases. In most cases, employers terminate their employees who violate the traffic rules of this degree. Also, the loss of CDL can cause permanent job loss in the transport field.
Furthermore, it becomes difficult to obtain compensation since some of the insurance companies refuse coverage, making it difficult to obtain or maintain commercial insurance.
Since the employment and financial risks become significant with a DUI, it’s essential to get help from a professional attorney as the best solution. Hireing Ernst & Associates to help with your DUI charges in Ohio or Kentucky can end up being helpful.
What Should You Do After You Get a DUI as a Commercial Driver?
DUI arrests can be difficult and confusing. But, if you get a DUI arrest, there are some things you must do instantly to protect your rights and secure your employment status.
Start by informing your employer properly to manage your rights in the long run.
Inform Your Employer
Inform your employer immediately after you have received a DUI arrest. This is required according to the DUI arrest policy, federal regulations, and the company policies for employment.
Consult Your Attorney
It’s best to discuss the situation with a DUI and CDL attorney who can help you understand your rights and take the right steps for further action.
Comply with Legal Requirements
With DUI arrests, you’ll have to go through several levels of testing and attendance work. For example, alcohol testing and court presence are mandatory if you’re dealing with a DUI case.
Rehabilitation and Education Programs
After a DUI, drivers are typically required to complete alcohol education or treatment programs. These vary in length and intensity depending on state laws and the severity of the offense.
Programs focus on understanding the risks of impaired driving and developing strategies to avoid future incidents. Some include individual counseling, group therapy, and monitoring.
Certification of program completion is often mandatory before a commercial driver’s license (CDL) is reinstated. Participation also assists in regaining employer trust and demonstrating a commitment to safe driving.
Overcoming Challenges after a DUI
The most difficult thing after a DUI is often to overcome the stigma. Convicts often fail to explain their situations to the employer. That’s where it’s essential to consider your personal well-being and then take small steps to move ahead.
Here are a few tips to remember:
- When going for interviews, prepare to face a stigma and explain your situation regarding the DUI conviction.
- Always take help from your support system to get out of the mental trauma and pain it leaves in your life. Seek support from your friends, family, and close ones.
- Consider issues like anxiety and depression, which often happen as an effect of a DUI conviction. Take professional help if you must to get out of the zone of discomfort.
- Self-reflection is necessary. But, learn to focus on the positive side of your life. You’re still eligible for many other professions that don’t involve driving. It’s best to start understanding your employment options once you’ve healed from the situation.
Reducing the Risk of Repeat Offenses
Consistent monitoring and support systems reduce repeat DUI risks among commercial drivers. Options include ignition interlock devices, which require passing a breath test before starting the vehicle.
Employers may implement random alcohol testing and provide access to employee assistance programs (EAPs). These resources offer support for substance abuse issues confidentially.
Maintaining a strict personal commitment to sobriety, along with adherence to federal and state regulations, is crucial for preventing future offenses. Regular education refreshers can reinforce safe behaviors over time.
Note: This article is provided by “JErnst & Associates“ and published by our team. We are not responsible for the accuracy of the information provided.