Illinois drunk driving laws are strict as they apply to all motorists, but there are even harsher penalties involved when a Commercial Driver’s License (CDL) holder is convicted of DUI. Truck operators are held to a higher standard, mainly because of the catastrophic damage they can cause if impairment leads to an accident. Beyond potential jail time, fines, and a license suspension, a professional driver’s livelihood is on the line when he or she cannot drive. Every day off the road affects a truck driver’s income and profession, so it is critical to retain an experienced Illinois DUI defense lawyer to assist if you are facing a DUI charge. Some background information may also be useful if you are a CDL holder who is facing drunk driving charges.
Overview of Illinois’ CDL Drunk Driving Laws
Most drivers are considered legally drunk when their blood alcohol concentration (BAC) is .08% or above. However, special factors apply for CDL holders, such as:
- You could have your license suspended if your BAC is .04% or higher; and
- You are automatically placed on out-of-service status for refusing to take a breath test, for consuming alcohol while operating a commercial vehicle, or drinking within four hours prior to driving a truck.
Punishment for CDL Holders Convicted of DUI
Some elements of a drunk driving sentence are the same regardless of whether you are a commercial driver or a regular driver. Even for a first-time offense, you face up to a year imprisonment and a fine of $2,500. Subsequent convictions mean higher fines and longer jail terms.
However, there are additional laws that only apply to you as a CDL holder. A DUI conviction qualifies as a “Major Violation,” which means you can not legally operate a commercial vehicle for a minimum of one year. If you were hauling hazardous substances, your CDL could even be disqualified for up to three years. Plus, even once your CDL suspension is over and you fulfill all terms of your drunk driving sentence, many trucking companies will not hire someone who has a DUI conviction.
CDL Holders in Personal Vehicles
The .04% BAC limit only applies if you are operating a commercial vehicle, but there are still severe consequences if you are convicted of DUI while driving a regular passenger vehicle. If a chemical test reveals a BAC in excess of .08%, the legal limit in Illinois, this is also a Major Violation. Your CDL is still suspended for a minimum of one year, which can have a significant impact on your profession and finances.
Discuss DUI for CDL Holders with an Illinois Drunk Driving Defense Attorney
If you were arrested for DUI as a commercial driver, a conviction could lead to implications beyond your driving privileges and criminal record. You cannot earn an income in your chosen occupation when you do not have a valid CDL, putting financial strain on your entire household. At Glasgow & Olsson, we are dedicated to helping you protect your career and financial interests. Please call our firm at 847.577.8700 or check out our website to discuss defense options.
(image courtesy of Justin Lawrence)