Pima County CDL DUI Defense Law Firm
DUI Defense Lawyers Help Truck Drivers in Santa Cruz, Cochise, Graham, and Pinal Counties
The legal standard for driving under the influence (DUI) of alcohol is tougher for commercial driver's license (CDL) holders than it is for ordinary motorists. When truck drivers and other CDL holders are behind the wheel of their commercial vehicles, they can be arrested and charged with a DUI for a blood alcohol concentration (BAC) of .04 percent or higher, which is half the legal alcohol limit for non-CDL holders.
If you are a commercial driver who has been arrested for a DUI while driving your commercial vehicle, contact the experienced Pima County commercial DUI defense lawyers of The Behan Law Group, P.L.L.C. at 520-220-5047 right away.
Arizona DUI Laws for Commercial Drivers
CDL holders may be charged with a DUI for a BAC over .04 percent when they are driving or in physical control of a commercial vehicle, whether they are on-duty or off-duty at the time. If a person with a CDL is driving or in control of a non-commercial vehicle, then the regular legal limit of .08 percent applies. However, a DUI that arises during a CDL holder's personal time can still significantly impact their career.
Consequences of a CDL DUI
A commercial driver who is convicted of a first-time DUI will face:
- 10 days in jail;
- Fines and fees of at least $2,000.00;
- A driver's license suspension for up to one year;
- A CDL suspension for up to one year;
- Installation of an ignition interlock device in any vehicle they drive;
- Alcohol or drug counseling;
- Community service; and
- Probation.
If the BAC was at or above .15 percent, or if this is a subsequent DUI charge, then the potential punishments are much harsher, including a longer mandatory minimum jail sentence, higher fines, and longer driver's license suspension and CDL revocation.
Commercial Drivers Must Abide by Federal Regulations
CDL holders who work in Arizona must pay attention to more than state law. They must also abide by all Federal Motor Carrier Safety Administration (FMCSA) regulations. Under FMCSA rule §383.51, a CDL holder is disqualified from driving a commercial motor vehicle (CMV) if they are convicted of driving a CMV with a BAC at or above .04 percent. A CDL holder can also be disqualified from driving a CMV if they are convicted of a DUI while driving a non-commercial vehicle.
A first major violation results in a one-year disqualification. If the commercial driver was transporting hazardous materials, then the disqualification will last three years. A second major violation while driving either a commercial or non-commercial vehicle results in a lifetime disqualification, although a driver may be able to have their CDL reinstated after 10 years and the completion of an approved rehabilitation program.
Commercial DUI Defense FAQs
Answer: Commercial driver's license (CDL) drivers are held to a higher standard than other drivers, as they can be charged with DUI with a BAC of only 0.04 if they are driving or controlling a commercial vehicle. A CDL can be revoked for a year if the holder is convicted of DUI for driving either a personal or commercial vehicle, and a subsequent offense can result in a lifetime CDL revocation.
Contact Our Santa Cruz County CDL DUI Defense Attorneys
If you are a CDL driver who has been charged with a DUI, you need an experienced attorney on your side to advocate for your rights, explore every potential defense, and fight to win an acquittal while working to minimize the consequences of any conviction. Contact the DUI defense lawyers at The Behan Law Group, P.L.L.C. at 520-220-5047 to schedule your free initial consultation.