Commercial drivers in the USA, particularly in West Virginia, are held to higher standards compared to other drivers. This is primarily due to two reasons. Firstly, commercial drivers bear the responsibility of upholding their employer’s reputation and professionalism. Secondly, operating large vehicles necessitates a more skilled and cautious approach, as any accident can have catastrophic consequences. Such accidents often result in severe damage to the other vehicle involved and can even cause fatalities.
If you are a commercial driver operating a heavy-duty vehicle and you are charged with DUI, the potential consequences are significant. In addition to the possibility of losing your driver’s privileges and job, the impact of the charges will also take into account the potential loss of life. If you find yourself in this situation, it is crucial to seek immediate assistance from a Wheeling WV OVI Lawyer. At Mountaineer Criminal Law Group, our team of experienced Wheeling WV Criminal Lawyers can provide the support you need to navigate your case.
The repercussions of a DUI/OVI arrest on a Commercial Driver’s License (CDL) can vary depending on the circumstances. If your blood alcohol concentration (BAC) is at or slightly above the legal limit, your CDL and regular driver’s license will be suspended. This is not a criminal penalty but rather a civil administrative license suspension (ALS). You will receive a temporary permit that only allows you to drive your personal vehicle. The suspension period for a BAC at or above the legal limit is 90 days. If you refuse to undergo a chemical test, the suspension will last for one year.
However, if you are arrested for DUI charges due to impairment caused by substance or prescribed medicine, even with a BAC of zero, it might not result in license suspension.
For commercial drivers, the legal limit for BAC is 0.4 or less. Blowing at or above this limit will lead to a DUI arrest and ALS. For personal vehicles, the legal limit is 0.8. Exceeding this limit will result in the loss of driving privileges and CDL.
Facing a challenging ALS? Don’t worry – you’ve got options. To start, file a request for a hearing within 30 days. Remember, the ALS can only be lifted if you can demonstrate that you complied with the chemical test, or if your BAC was not at or above the legal limit, or even if the underlying traffic stop was unlawful. Challenging an ALS may be tough, but guess what? It’s not impossible. Our team of skilled Wheeling WV Criminal Lawyers is here to guide you every step of the way.
Once you find yourself in this situation, your top priority should be seeking a limited driving privilege. And lucky for you, our experienced Wheeling WV OVI Lawyers are just a call away.
Notifying your employer is a critical step in this process. It’s important to let them know about the charges as soon as possible. With your CDL on hold, you won’t be able to drive the commercial vehicle to work, home, or any safe area. Unless your employer makes arrangements to collect the vehicle, it will have to wait by the side of the road.
Keep in mind that driving without a CDL can lead to further criminal offenses. So, until your CDL is reinstated, you won’t be able to return to work. Unfortunately, some employers have a zero-tolerance policy and might have to let you go.
Now, let’s talk about the effects of a DUI/OVI conviction. Losing your driver’s license is a common consequence. According to state and federal regulations, getting behind the wheel under the influence, whether it’s your personal vehicle or not, can result in the loss of your CDL.
For your first DUI offense, your CDL will be suspended for one year. If your vehicle was carrying hazardous material at the time of the offense, the suspension will be extended to three years. The process of CDL suspension can start after your license suspension. Once both suspensions are over, you can reinstate your personal license and CDL. However, be prepared to take the CDL driving and knowledge tests, and of course, pay the necessary fees. To avoid these severe consequences, it’s crucial that you reach out to a Wheeling WV OVI Lawyer sooner rather than later.
Contact our Wheeling WV Criminal Lawyers today! We’ll listen attentively to your case and provide you with the guidance you need to achieve the best possible resolution. Don’t wait – get in touch with us now for more details.