I have a commercial driver's license, and I've been arrested for drunk driving. What's going to happen? Will I be fired?
CDL'S & Iowa's owi's
Operating While Intoxicated charges are difficult enough on the everyday working person but when they involve commercial driving privileges they have a direct and immediate impact on the person’s livelihood. Anytime an individual with a commercial driver’s license is arrested for operating while intoxicated, whether while driving a commercial vehicle or their own private vehicle, their commercial driving privileges are in jeopardy.
The legal alcohol concentration limit for operating a commercial motor vehicle is .04. In the event that an individual is arrested for operating while intoxicated and either “fails” chemical testing or “refuses” chemical testing, their privilege to operate both a commercial and commercial vehicle are immediately disqualified just as they ordinarily are in commercial license cases. The licensee has the right to appeal and the same processes apply. Likewise the individual is prosecuted on the criminal charge of operating a commercial vehicle while intoxicated and the same procedures as an ordinary operating while intoxicated charge also apply.
The more complicated situation arises when a person with a commercial driver’s license is arrested for operating while intoxicated but is operating their own private, commercial vehicle. In these situations the Department of Transportation is not authorized to disqualify the individual’s commercial driving privileges until there is a final resolution of the criminal charge or the administrative license suspension appeal. The current implied consent advisory read to the person following their arrest but prior to their decision regarding chemical testing advises the individual that his commercial driving privileges will be disqualified regardless of whether he consents to chemical testing and fails or refuses chemical testing. The period that a commercial driver’s license may be disqualified for a first offense of operating while intoxicated in a private vehicle is currently subject to considerable debate and litigation. Defense attorneys contend that the law only allows a person’s driving privileges to be disqualified for the same amount of times as their commercial driving privileges while the Department of Transportation attempts to disqualify them for an entire year either way. This issue is currently on appeal to the Iowa Supreme Court and should be resolved within the next 6 months.
owi-dui.com can help
Iowa's Best Drunk Driving Defense Attorneys are represented here on owi-dui.com. If you have been accused of driving while under the influence and you hold a commercial driver's license, the minimum you can expect in the way of a favorable outcome is discussed above. If your job depends on your CDL, you cannot afford to pass up the offer by these attorneys to a free initial consultation and an owi-dui.com discount with the firm you hire.
To speak with an attorney today, please use the online form to contact a DUI defense lawyer today.