DUI And Commercial Drivers License (CDL)
If you have a commercial driver's license (CDL) when you are arrested for drunk driving in your personal vehicle, your driver's license and your CDL will most likely be immediately suspended regardless of whether it is your first offense or not.
You may be able to obtain a temporary permit for driving your personal vehicle, but not a temporary permit for a commercial vehicle license. Obviously, a DUI can have a big impact on your ability to work if your drive a vehicle for a living, and even more so if you have a CDL for driving a commercial vehicle.
If you refuse sobriety testing during a DUI investigation, you automatically forfeit your driver's license and your CDL license for one year in most states. If you are convicted of a second DUI, you will no longer be able to obtain a CDL license.
In many cases you are able to get your CDL reinstated within a few months following a DUI conviction in your personal vehicle.
There are a number of legal issues that should be reviewed immediately after a DUI arrest if you have a CDL --- factors such as whether or not you refused a breath test, what tests were used, what the results were, etc. Regardless of where you are arrested, the DUI driving offense will be reported to the state that issued your CDL. You may be able to obtain a temporary permit to drive your personal vehicle, but not a "temporary" CDL. Seek legal advice to determine if there are options for protecting your CDL in your home state.
In most states, you are entitled to an Administrative License Revocation (ALR) hearing within 15 days of your arrest. The hearing will determine whether or not your driver's license and CDL should continue to be suspended. This hearing process is separate from your DUI criminal driving offense hearing. At the ALR, the arresting officer is questioned under oath and a defense attorney may raise legal questions and issues related to the procedures followed, and bring into question whether or not the DUI can be proven in the criminal court.
DUI While Driving A Commercial Vehicle
If you are driving a commercial vehicle when arrested, your CDL license is immediately suspended and you may be able to quickly obtain a temporary driving permit only for use of a personal vehicle.
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