DUI and Commercial Drivers License

Garrett T. Ogata, criminal defense attorney located in Las Vegas, Nevada, explains the difference between a commercial driver's license and a non-commercial driver's license in relation to DUI conviction and loss of driving privileges:

Because commercial drivers are considered to be experts of the road and are expected to operate much larger, heavier vehicles, they are held at a higher safety standard than regular drivers. For normal, everyday license-holders, the blood alcohol content (BAC) level is set at .08. For CDL-holders, however, the limit is .04, a number significantly lower than that set for regular drivers.

If you are a commercial driver and you are convicted of your first DUI, you could stand to lose your commercial license for one year in addition to losing your normal driver's license for 90 days. This is significantly longer than the 90-day loss for a first DUI offense for non-commercial drivers.

Additionally, if you hold a CDL but you are convicted of a DUI while off duty and driving your family's vehicle, you are held to the same BAC level of .08. However, once the courts find out you hold a commercial driver's license, you can still expect to receive a one-year suspension of those driving privileges as well.

Law Offices of Garrett Ogata
3841 W Charleston Blvd Suite 205
Las Vegas, NV 89102
[phone]

The information presented in this video is not to be construed as legal advice. No attorney/client relationship is implied or exists by viewing this video.

[Qfinesse]

Arent all class licenses that are not NON-COMMERCIAL LICENSES considered a commercial license?

[wainber]

The DUI CDL suspension is just the beginning of such a driver's problems in being able to get paid to drive CMVs.  If it's a DUI without death or injuries to crash victims, the driver may not be in as much trouble, although it could be awhile before he or she can find a CMV company willing to employ him/her.
Under Canada's Criminal Code, penalties are a bit different, although upon conviction for a DUI, a person's driving privileges will start to be suspended, with the length of such suspension determined at a sentencing hearing.  Anyone convicted of a DUI causing death or grievous bodily harm can probably forget about ever getting behind the wheel of a CMV for a company other than one he or she starts up.