As of January 1, 2014 drivers who hold a commercial driver's license (CDL) will NOT be eligible to have their charges for Operating Under the Influence (OUI, also referred to as DUI or DWI), Reckless Driving and Evading Responsibility (leaving scene of an accident) expunged or erased from their driving and/or criminal history. It does not matter whether you are driving a commercial vehicle or a personal vehicle at the time of the offense. CDL holders will not be eligible for either the Alcohol Education Program (AEP) or the Accelerated Rehabilitation Program (AR) for those charges.
If convicted, you will now face the following consequences:
- Your CDL or Permit will be disqualified for the required period and the conviction will remain on your record for 55 years.
- You will also face a suspension of your regular license.
- You will be required to install an ignition interlock device (IID) on your personal motor vehicle.
What do these changes mean for commercial drivers? For one, CDL holders can now have a disproportionate impact on their ability to keep their job and support their family if they drink and drive. It is imperative that those who operate commercial vehicles take every precaution to avoid an OUI.
This also means that a strong criminal defense is more important than ever for commercial drivers charged with drinking and driving. The choice of an attorney could make or break a criminal defense case. With this in mind, drivers with a commercial driver's license are advised to retain a criminal defense lawyer with substantial experience when they go up against a DUI.
Your Options with Bayer & Black, P.C.
Are you a commercial driver facing a DUI? Our firm is at the ready, prepared to help you seek a favorable result. You can feel confident when you work with us, knowing that we have significant experience—more than 40 years between our two attorneys—and have been recognized with numerous awards for our legal services, including an Avvo Clients' Choice Award for General Practice.
Get in touch with us today to learn how you can work with our Fairfield County commercial DUI attorney!