Tanzillo Stassin & Babcock P.C.

Dec 28, 2022

CDL DEFENSE

A DUI charge can lead to serious consequences for anyone. You may face long-lasting marks on your criminal record and even risk losing your driver’s license. For commercial truck drivers, however, or those with a commercial driver’s license (CDL), these consequences are even higher. A DUI charge can mean the end of their career.  

If you are a commercial driver who has been accused of driving under the influence, you should contact a skilled lawyer at the soonest opportunity. Tanzillo Stassin & Babcock P.C. provides unwavering assistance to defend your rights at every stage of the process. We can review your case and help you know what to expect for the road ahead.  

DUI Charges for CDL Holders

Commercial truck drivers are held to higher expectations in comparison to the typical motorist. They are professional drivers that must drive carefully, uphold public safety and never operate a vehicle while intoxicated. Additionally, those with a commercial driver’s license are subject to a distinct definition of impairment under Indiana law. Because of these higher requirements, business drivers must abide by different DUI regulations. 

BAC Limits for Commercial Truck Drivers

Most people believe that a 0.08% BAC is needed to be convicted of a DUI—and this does apply to anyone driving their personal vehicle. But Indiana laws restrict CDL holders to a BAC of no more than 0.04% when driving a commercial motor vehicle. If caught with a BAC beyond this level, they can be charged with a DUI due to the higher standards they are held to. 

Commercial drivers are expected to limit their alcohol consumption or drink nothing at all before their shift. It doesn’t take much drinking to surpass 0.04%, and driving a commercial truck with a BAC above this limit is a Class C infraction. Whether they are operating a commercial vehicle or not, all drivers can be charged with operating while intoxicated if substances prevent them from driving safely. In other words, a driver’s BAC level isn’t the sole factor that determines whether they will face DUI charges. Other controlled substances and medications can impair their driving capabilities while not involving BAC at all. 

What Are the Effects of a DUI Charge on CDL Holders in Indiana?

In addition to the criminal penalties for a DUI, a CDL holder who is convicted of drunk driving while operating a CMV (0.04% or higher) or their own vehicle (0.08% or higher) is prohibited from operating a CMB for a year. A CDL suspension lasting 3 years will be imposed if the offender’s first conviction for OWI or refusal to submit to a test occurred while operating a commercial motor vehicle carrying hazardous items. 

Speak to a DUI Attorney Right Away

After a DUI charge, a CDL holder may face significant impacts that complicate their career. A 1 to 3-year license suspension is a long period of time that you’ll need to find other employment. Fight the charges alongside a DUI attorney who can help you build a solid defense in your favor. Call Tanzillo Stassin & Babcock P.C. if you are a CDL holder who faces a DUI charge. We are availa