Can You Keep a CDL after a DUI in Indiana?

Dec 28, 2021

A DUI conviction can have seriously negative consequences in anyone’s life, but if you have a commercial driver’s license (CDL), the stakes are that much higher. You make your living behind the wheel of your rig, and if your ability to continue earning is thwarted, the consequences can be dire. If you are facing a DUI charge and you have a CDL license, you need a dedicated Indiana DUI attorney – who has considerable experience successfully defending complicated cases like yours – in your corner.

The Limits Set for Commercial Drivers

The law takes a very dim view of impaired driving generally, but it is even more strict when it comes to commercial drivers, and as such, the legal limit for your blood alcohol concentration (BAC) is lower than it is for other motorists. The legal limit for everyone else is .08 percent BAC, but for those who have CDLs, the legal limit is .04 percent, which amounts to a Class C infraction in the State of Indiana. This fine-tuned BAC limit generally means that even one drink with dinner can set you up to test over the limit.

Protecting Your CDL

The best way to protect your CDL – and your livelihood – is to fight the DUI charge in the first place, and the best way to fight the charge is by working closely with a seasoned DUI attorney. Successful defenses related to DUI charges tend to include those based on the following:

Procedural errors made on the part of the arresting officer
Invalid lab results related to your breath or blood test (which are more common than many people realize)

There is also the option of entering into a plea agreement that reduces your charges and/or sentence requirements. A plea deal tends to make the most sense when you have a prior conviction and/or you have an addiction concern you need to address.

Refusal of a DUI Test

The fact is that no one can force you to provide a breath or blood test (unless you have been arrested under suspicion of DUI or the officer has a warrant to do so), but refusal can do more harm than good and can actually increase the length of your CDL license suspension. While the portable test that the officer uses when he or she stops you can serve as probable cause to arrest you for suspicion of DUI, it cannot be used as evidence in your DUI case. The results of the official test taken at the police station, however, can.

Turn to an Experienced Indiana DUI Attorney for the Legal Help You’re Looking For

The formidable Indiana DUI attorneys at Tanzillo Stassin & Babcock, P.C., are committed to skillfully advocating for your case’s best possible resolution – in protection of your commercial driver’s license. Maintaining your livelihood as a commercial driver is too important to leave to chance, so please don’t wait to contact us for more information about how we can help you today.