Both state and federal laws are stricter for commercial drivers than other motorists. As one example, as you know, the United States has a national blood alcohol concentration (BAC) standard of .08. Pursuant to the Federal Motor Carrier Safety Administration (FMCSA), a BAC higher than .04 is grounds for a DUI charge when operating a commercial vehicle. Obviously, state laws differ from place to place. Let’s discuss how a CDL can affect a DUI charge in Oregon.
Will my license be suspended if I get a DUI?
There are potential license ramifications for commercial drivers, both from the DMV and the court. The DMV could impose a suspension if you fail a breath or blood test or refuse to take a test for chemicals. Similarly, the court could issue a separate suspension later if you are convicted of DUI. The length of each suspension varies depending on the circumstances. It is always best that you consult with an experienced attorney to confirm what is applicable in your situation.
Do I have to tell my employer about the DUI, even if I wasn’t operating a commercial vehicle at the time?
Some employers have an employee handbook or policy manual that clearly states whether you are required to tell them of an arrest (DUI or otherwise). If you have a job that requires you to drive, you would more than likely have to report traffic arrests and charges, due to the potential license suspension.
Can I get a hardship permit?
A hardship/probationary permit cannot be issued for commercial driving privileges.
Am I eligible for DUI Diversion?
Unfortunately, Diversion is not available for CDL holders. Sometimes people haven’t used their CDL in years and then they get a DUI only to find out that they’re excluded from diversion due to the CDL they still hold.
If you are a commercial driver who has been arrested for DUI, call Reynolds Defense Firm right away, at 503-223-3422. The sooner you act, the more time our team of attorneys has to review and negotiate your case. We have helped hundreds of clients resolve their DUI case quickly and achieve favorable results.