As a commercial driver’s license (CDL) holder, your livelihood depends on your ability to operate a vehicle. In Maryland, a DUI (Driving Under the Influence) or DWI (Driving While Impaired) conviction can have devastating consequences, not only for your career but also for your personal life. Understanding the unique legal standards and penalties CDL holders face is essential to protecting your future.
CDL Holders Are Held to Stricter Standards
CDL holders are held to higher standards than non-commercial drivers. While the legal blood alcohol concentration (BAC) limit for most drivers in Maryland is 0.08%, CDL holders are considered over the limit with a BAC of 0.04%. This stricter threshold applies even if the driver is operating a personal vehicle at the time of the offense. Additionally, any DUI/DWI offense is reported to the Maryland Motor Vehicle Administration (MVA) and can lead to immediate consequences for your CDL, regardless of whether you were on or off duty.
What Are the Immediate Consequences of a DUI or DWI?
A DUI/DWI conviction can result in severe penalties for CDL holders in Maryland:
- License Disqualification: For a first offense, CDL holders typically face a one-year disqualification from operating commercial vehicles. If the offense involves the transportation of hazardous materials, the disqualification period increases to three years. A second offense often leads to a lifetime CDL disqualification, though reinstatement may be possible after 10 years in certain cases.
- Employment Challenges: Most employers in the transportation industry have zero-tolerance policies for DUI/DWI convictions. Even if reinstatement is possible, finding employment as a commercial driver with a DUI/DWI on your record can be extremely challenging.
- Personal Vehicle Impact: DUI/DWI penalties also apply to your standard driver’s license, which could lead to additional fines, points on your license, or mandatory participation in alcohol education programs.
Is There Hope?
Yes, CDL holders are held to the same standard as everyone else—innocent until proven guilty. If you are able to avoid a conviction, you can mitigate most of the damage to your career. If you’ve been charged with a DUI/DWI in Maryland, it’s crucial to act quickly:
- Consult an Experienced Attorney: A skilled attorney can help you understand your rights, explore possible defenses, and negotiate for reduced charges or penalties. Some of the most common defenses include challenging the validity of the traffic stop, disputing BAC test results, or proving procedural errors during your arrest.
- Consider a Plea Bargain: In some cases, your attorney may negotiate for a lesser charge, such as reckless driving, which may carry less severe consequences for your CDL.
- Rehabilitation Programs: Voluntarily enrolling in an alcohol education or rehabilitation program can demonstrate your commitment to improving your behavior and may influence sentencing outcomes.
How Can You Protect Your CDL?
The best way to protect your CDL is to avoid any and all situations that could lead to a DUI/DWI charge. All CDL holders should:
- Plan Ahead: Use a designated driver or ride-sharing service if you plan to consume alcohol. Remember that the BAC standard you are held to is stricter, so a couple of drinks could leave you with permanent consequences.
- Know the Limits: Understand how alcohol affects your body and avoid any amount of drinking if you are not able to sober up for an extended period of time before driving.
Contact Mobley & Brown, LLP for Help With Your Legal Needs
If you are pulled over under suspicion of driving under the influence, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.
