Individuals who have commercial driver’s licenses need to be aware that if they’re convicted of DUI they will lose their CDL in Virginia. Because of this, CDL holders have to take this charge even more seriously than normal drivers. In many cases, there are dispositions which can be worked out which will involve some of the same penalties an individual would have on a DUI but may involve a conviction on another charge such as reckless driving.
As a result, it is important to explore those options with a Manassas CDL DUI lawyer to make sure that there are no unintended consequences of a conviction such as the loss of employment. To learn more or begin discussing your case, call a Manassas DUI lawyer today.
The short term implication for a CDL holder is that they’re going to lose their CDL license. The long term implication is that it will take them some time in order to get that back. First, they will have to wait up the entire year suspension to have their full license reinstated.
After that point, they will need to go through the process of getting their CDL over again just as though they had never had it. On second or subsequent DUIs, it may take years for them to be able to get a CDL back.
Yes, it is illegal in Virginia to operate a commercial vehicle with a BAC of .04 or higher. Among other things, conviction results in a one year revocation of the CDL, unless the vehicle was transporting hazardous materials, in which case there is a three year revocation of the CDL. These serious penalties make it imperative a DUI CDL lawyer in Manassas is contacted as soon as possible.
For a first time DUI defendant, there is a restricted driver’s license which is available in every case. The restricted driver’s license will allow an individual to drive to work. It will allow them to drive for or during work. It will also allow them to drive to school, to drive to child-related matters such as school or doctor’s appointments and many other things.
However, if a person is convicted of DUI, the commercial driver’s license is suspended by the Department of Motor Vehicles, not by the court, and so, the court does not actually have power to issue a restricted driver’s license on a CDL. It can issue a regular restricted driver’s license but DMV will take that CDL away and there’s really nothing that can be done about it after a conviction making it important to fight the initial conviction with a Manassas CDL DUI lawyer.
A Manassas CDL DUI attorney can help CDL holders by vigorously defending their cases and treating the case as the important and risky situation that it is for a CDL holder. Attorneys can assist by exploring alternate ways to handle the case such as reducing them to reckless driving which may allow the government to exact similar punishments as it would have under a regular DUI scenario but will avoid the unintended consequence of loss of employment for the defendant.
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