COMMERCIAL DRIVER DUI
May 20, 2021
Any case involving driving under the influence is potentially life-altering; this, however, is never truer than when dealing with a commercial driver who drives for a living. Talk to a DUI attorney for legal advice on how to save your license. Due to the large size of Commercial Motor Vehicles, as well as the professional nature of driving, Idaho truckers with a CDL are placed under even stricter rules than non-commercial drivers. When in doubt get a free consultation from a dui lawyer.
Idaho Drivers & CDL DUI Charges
It is prohibited to operate a commercial vehicle while drinking alcohol, while having a blood alcohol level over 0.04% or within 4 about hours of drinking. Convictions of DUI will result in Idaho CDL disqualification, even if you were operating a private passenger vehicle at the time. The legal limit for blood alcohol concentration (BAC) in a CMV is 0.04%. Refusal to test for BAC (violating implied consent) will result in disqualification of a commercial drivers license.
NOTE: Within 30 days you will need to notify your employer if you are convicted of any traffic violation, regardless of whether you were driving a commercial vehicle (CMV) at the time.
You will lose your CDL for at least one year for first offense drunk driving
YOU WILL LOSE YOUR CDL FOR LIFE FOR A SECOND DUI OFFENSE.
You will be put out-of-service for 24 hours if you have any detectable amount of alcohol
How to Get CDL Back After A DUI
If you can, contact our DUI law firm so we can save your job and driving privilidges; however, once your license suspension has passed, you can reinsate your Idaho CDL with the DOT by doing the following:
Pay a Idaho CDL reinstatement fee
Provide proof you paid court fines imposed on you
Fulfill all other requirements imposed by the court
You may be subject to other requirements. Note: No one can drive a commercial motor vehicle without a CDL. A court may fine you up to $5,000 or put you in jail for breaking this rule.
One national computer system shares and monitors info about CDL drivers. States will check on accident records and making sure commercial vehicle operators do not have more than one CDL.
FMCSA Alcohol Tests
Due to their severe stance on alcohol usage, commercial drivers are also subjected to routine and random alcohol testing.
According to the Federal Motor Carrier Safety Administration (FMCSA), while alcohol is a legal substance, they do have rules regarding the use of "prohibited alcohol-related conduct."
Following a truck accident where the driver's behavior is considered a contributing factor, the driver will be subjected to alcohol testing. This is determined by whether or not the driver was cited for a moving traffic violation. In cases where the accident resulted in a fatality, however, they will always be tested.
Reasonable Suspicion -
In some cases, an accident may not occur but a supervisor or a company official may observe certain behaviors or symptoms that lead them to believe the driver was operating under the influence. The reasonable suspicion is enough to warrant a test.
Beyond the post-accident and reasonable suspicion tests, all CDL drivers are subjected to random testing. This can be done around functions that have safety-sensitive facets. They are unannounced and designed to keep drivers on their toes and safe at all times.
Should a CMV driver be required to leave work following an alcohol-related incident, they will be subjected to alcohol tests once they return to safety-sensitive duties. They will also experience 6 unannounced follow-up tests within the first 12 months of return.
All of the above tests will be split up into two separate parts. The first is known as "screening." If it returns with less than 0.02 percent alcohol, it is considered negative. If, however, is higher than that, it is considered positive and moves on to the section portion. This is the confirmation test and is much more thorough than the first. The blood alcohol technician must use evidential breath testing (EBT) that prints out not only the results, but also the date and time, the test number, as well as the name and serial number of the EBT.
DUI Consequences for Idaho CDL
Beyond being removed from safety-sensitive functions, commercial drivers will also face serious criminal penalties as well. This can include driver disqualification, license suspension, fines and jail time. While these are never ideal, when you drive for a living, they can affect your very livelihood. To ensure that your legal rights are protected, do not hesitate to consult with a Boise criminal defense lawyer from Boise Advocate, P.A. as soon as you possibly can. With over two decades of combined legal experience, we have been able to help countless clients protect their rights; no matter whether we are fighting for decreased penalties or dismissed charges entirely, you can trust in the legal prowess of our team. We understand how much is at stake and will do everything possible to ensure that your future is protected.
Call us today to learn more. You can schedule your consultation by calling.