Protecting your commercial driver’s license after a DUI charge

On Behalf of | Sep 25, 2024 | Criminal Defense |

A DUI charge can severely impact commercial drivers and put their ability to continue working at risk. If convicted, a commercial driver’s license holder faces not only the criminal penalties of a DUI charge but also the risk of losing their CDL. 

If you are facing DUI charges, it is important to understand the potential legal consequences and the steps you can take to protect your livelihood.

Understanding DUI penalties for CDL holders in Michigan

Michigan holds commercial drivers to a higher standard than regular drivers. While the legal blood alcohol content limit for non-commercial drivers is 0.08%, a CDL holder can face penalties for a BAC of just 0.04%. This can apply even if the driver was not operating a commercial vehicle at the time of the DUI offense.

A first-time DUI conviction will result in a one-year suspension of the CDL, regardless of whether the DUI occurred in a personal or commercial vehicle. If the driver was transporting hazardous materials at the time, the suspension increases to three years. A second DUI conviction results in a lifetime CDL disqualification, though reinstatement may be possible after ten years under certain conditions.

Steps to protect your CDL after a DUI charge

To protect your CDL after a DUI charge, it is very important to act quickly. Requesting a hearing with the Michigan Secretary of State within 14 days of the DUI arrest may allow you to challenge the suspension of your CDL. Take steps to gather evidence that supports your case, including breath test results, field sobriety test results or witness testimony.

You can also explore opportunities to reduce the charges. For example, you might be eligible for plea agreements that reduce a DUI charge to a lesser offense, such as reckless driving, which may not carry the same penalties regarding your CDL.

After a DUI charge, it is important to follow all court orders and complete any required alcohol education programs. Stay informed of Michigan’s strict DUI laws for commercial drivers so you can help prevent future violations that could result in the permanent loss of your CDL.