Absolutely. In fact, even simply being charged (not convicted) of a DUI can result in the revocation of a person’s CDL.
Under Arizona law, DUIs are harshly penalized, even for those that do not have a CDL. However, when you have a CDL the DUI laws that pertain to ordinary people apply to you, plus additional penalties. Furthermore, the implications that a DUI has on a CDL are on top of the restrictions that a DUI has on a tradition driving privilege.
In Arizona, the law differentiates between being cited while driving a commercial vehicle and driving a personal vehicle. The legal limit for those driving a non-commercial vehicle is .08. However, when someone is operating a commercial vehicle as defined by ARS 28-1381A4 the legal limit becomes .04. Nevertheless, both DUI variations can impact a driver’s CDL.
If a CDL holder is driving a personal or then the CDL DUI limit in personal vehicle is the same as someone who doesn’t have a CDL (.08). However, it’s important to remember that just because a CDL holder is in a personal vehicle does not mean that a DUI conviction won’t subject them to a CDL revocation. If convicted, the driver will be subject to the consequences of a regular DUI and extreme DUI. In addition to punishments for the underlying DUI, a CDL holder can expect CDL implications even if the CDL DUI is in a personal vehicle.
The penalties of a first time DUI for a CDL holder are similar to those who have a traditional driver’s license. If convicted of a DUI, you can expect:
In addition to other penalties a CDL holder or instructor will have their CDL
Pursuant to mandates set out by the Federal Motor Carrier Safety Administration (FMCSA), a CDL holder is required to notify their employer within 30 days of a convicted for a DUI. This requirement pertains to driver’s regardless of whether they were cited for DUI while they were in a personal or commercial vehicle. Therefore, a CDL holder must report a DUI conviction, even if the motor vehicle hearing is still pending.
Furthermore, a CDL holder must notify their employer if they receive notification that their CDL has been revoked, suspended, withdrawn or disqualified. Notification to the employer must be made before the end of the business day following the day the driver received it. Therefore, a CDL holder must the notice of suspension, even if the CDL DUI is still pending in the criminal courts.
To summarize the reporting requirements of a CDL DUI to an employer, the CDL holder must report:
For clarification of these rules or before notifying your employer it is advisable to discuss the particulars of your case with a knowledgeable CDL DUI lawyer. Revealing too much or too little to your employer may have disastrous results as you are required to maintain and deliver employment records for a 10-year period. Consulting with an attorney before disclosing information to your employer, the court or a prosecutor will ensure that nothing more than is absolutely necessary is recorded in your employment and motor vehicle history.
A CDL DUI or CDL DWI has the same defenses available as those who have been charges with regular or extreme DUI in Arizona. The difference is simply that a conviction for CDL DUI has an additional consequence of CDL revocation which will normally have employment consequences. In order to avoid these ramifications, it is important that a cdl dui lawyer evaluate and develop the strongest defenses possible. Examples of the ways in which an attorney might challenge the State’s case include:
When the way you earn a living and provide for a family is at stake, ensuring that a skilled cdl dui attorney develops a winning defense strategy is of the upmost importance. At Feldman & Royle, we have devised carefully thought-out defenses after years of evaluating cases and defending CDL holders charged with various types of DUIs throughout Arizona. For a free and confidential consultation, call us day or night
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