09/05/2024
6 minutes of reading
© 2024 Ktenas Law LLC. All Rights Reserved
09/05/2024
6 minutes of reading
Facing a DUI charge can be daunting for anyone, but for commercial drivers, the stakes are even higher. A DUI conviction in Chicago can lead to the loss of your Commercial Driver's License (CDL), jeopardizing your livelihood and career. The legal landscape surrounding CDL DUI cases is complex, with stricter regulations and harsher penalties compared to non-commercial drivers. This is why it's crucial to have a knowledgeable and experienced CDL DUI defense lawyer on your side to navigate the legal process and protect your rights.
The penalties for a commercial driver who has been found guilty of drunk driving are severe. Among the most severe penalties for a commercial driver is losing their license, which prevents them from earning the necessary income to support themselves and their families.
Our Chicago DUI lawyers understand the unique challenges CDL holders face when charged with a DUI. We are dedicated to providing aggressive defense strategies tailored to your specific case, whether it's challenging the evidence, negotiating plea deals, or fighting for your rights in court.
Don’t risk your future and career, contact us today at (312) 800-1626 to schedule a free consultation to discuss your case and learn how we can help you keep your license and livelihood intact.
For people with a CDL, the penalties that are incurred when they're convicted of driving under the influence of alcohol or drugs are different than the penalties other drivers face. The legal consequences they can expect include restrictions regarding their license, fees, fines, and jail sentences.
If a commercial driver receives a first-time DUI charge, they will first face a potential license suspension of one year. If the individual is responsible for driving hazardous materials, however, they could experience as much as three years before regaining their driving privileges.
According to Illinois laws, CDL holders who are convicted of driving under the influence (DUI) within a certain time period (within 5 years) can be charged with a second-time DUI. Repeated DUIs that occur beyond this period may cause fines, jail time, and the suspension of both your commercial driver's license as well as your driving privileges. It is important to remember that you can still seek help from an alcohol awareness program to have your privileges reinstated after ten years or so.
If you or someone you know was recently suspended from driving for an alcohol-related violation, then there is a chance that your insurance company may raise your premiums. A suspended license can affect a professional driver's career in a number of ways.
Getting behind the wheel while intoxicated could put you at risk of getting fired from your job, and having this criminal charge on your record could hurt your chances of being hired again by another company even after your suspension period has lapsed.
In addition to being required to join a DUI diversion class and pay fines, there will be several outcomes for having DWI on your record. First of all, the enhanced penalties cover any diagnosed alcoholic, not just truck drivers. Further, the judge does not have to determine a truck driver's employment status (does one drive for work) for the enhanced penalties to apply if convicted.
Even the Illinois implied consent laws are far stricter for commercial drivers. The state of Illinois mandates that all travelers who operate motor vehicles on public roadways give their consent for a chemical blood alcohol concentration test, including breath or blood testing via an arresting officer if arrested on suspicion of driving while intoxicated. As part of the implied consent law, refusing to take an alcohol blood test will result in an automatic license suspension.
If the driver has a commercial license, the consequences of this type of violation are much more severe. Non-commercial drivers will have their licenses suspended automatically and they may choose to appeal that suspension, but CDL holders have a choice between going through an appeal process or having their CDL revoked as punishment for refusing a breath test. This means that when a CDL holder is caught driving with a BAC over .04%, his or her career as a truck driver could be over if he/she is too intoxicated for work.
When it comes to drunk driving charges, the simplest way to protect your legal rights, interests, and future is to seek help from an experienced and aggressive DUI criminal defense lawyer. A good Chicago DUI lawyer can fight for you in Illinois and offer real solutions that could prevent the DUI label from affecting your professional future in a negative way - whether it means minimizing the effects of a DUI conviction or facing less severe penalties.
Luckily, if you have been faced with a charge of drunk driving and have a CDL, standard DUI defenses can still apply in your case. These include:
If you can successfully argue that a police officer did not follow proper procedure during your stop, you can have the evidence against you thrown out. This means the prosecutor won't be able to use it in their case against you and greatly reduces your chances of being convicted for driving under the influence.
Furthermore, experienced lawyers can defend your driver's license and help protect you from getting charged for driving under suspension. Their knowledge can benefit individuals who depend on their commercial driver’s licenses to keep their livelihoods.
If you're a commercial driver facing a DUI charge in Chicago, your career and future are on the line. Navigating the legal system alone can be overwhelming, but you don’t have to face it without help. Our experienced CDL DUI defense lawyers are here to protect your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today to schedule a consultation and take the first step toward defending your livelihood.
