CDL and DUI in Pittsburgh

If you hold a commercial driver’s license (CDL), getting a DUI can have serious consequences that affect your livelihood. The penalties are severe and could lead to losing your job. It’s a situation no commercial driver wants to face.

If you’re a CDL holder and your blood alcohol content (BAC) is found to be over the legal limit, or if you refuse a chemical test, you are legally required to give up your CDL immediately. Failing to surrender your license can result in a first-degree misdemeanor charge.

Should you agree to a test and your BAC is under .04 percent, you will be placed “out of service” for a 24-hour period. However, if you refuse the test or your BAC is .04 percent or higher, your CDL will be suspended for one year on your first offense. A Pittsburgh criminal lawyer can help you understand the specifics of your case.

For a second DUI offense where you fail the BAC test (meaning your blood alcohol content was over .08 percent), the penalty is the permanent loss of your CDL. This strict law has been in effect since January 27, 2012, and it applies even if the offense occurred in another state. Beyond these specific CDL penalties, you will also face standard court-imposed consequences, such as a suspension from driving any type of motor vehicle.

Implied Consent and a CDL License

Just like any other driver in Pennsylvania, when a CDL holder accepts their license, they are agreeing to what is known as “implied consent.” This means you agree to submit to a chemical test of your blood, breath, or urine whenever requested by a law enforcement officer. Given this additional penalty, it is crucial for a CDL holder who receives an ALS to file an appeal within 30 days of their initial court appearance for the DUI charge in Allegheny County. The only path to avoid being disqualified from commercial driving is to have the ALS successfully reversed. A skilled Pittsburgh DUI lawyer can guide you through this complex process. Even if you are ultimately acquitted of the DUI charge, you will remain disqualified from driving commercially if the ALS was not successfully appealed. The first time this occurs, the disqualification period is one year. A second time results in a lifetime disqualification, unless rules are changed by the United States transportation secretary and the director of public safety.

Legal BAC Limit for CDL Licensees

The legal BAC limit for drivers with a CDL is significantly lower than for other drivers. For a CDL holder, the legal limit is 0.04 percent—half that of other adult drivers. It’s important to note that even if a commercially-licensed driver was not operating a commercial vehicle at the time of their DUI arrest, they can still receive a year-long ALS.

A CDL can be suspended for several reasons:

• Refusing to submit to a chemical test results in a one-year suspension.
• Driving under the influence of a controlled substance leads to a one-year suspension.
• Having a BAC of 0.04 percent or higher also results in a one-year suspension.
• Using your commercial vehicle, such as a truck or bus, in the commission of a felony will cause a one-year suspension.
• If the driver is operating a vehicle with placards indicating hazardous materials, the suspension period increases to three years.

Driving Suspensions and CDLs

If a CDL driver is given an ALS, they are not permitted to receive limited driving privileges for work if that work involves operating a commercial vehicle. While the court may grant limited driving privileges for essential travel—like getting to court, medical appointments, school, or a non-driving job—these privileges do not extend to commercial driving. Because these disqualifications are federally mandated, they cannot be shortened, altered, or canceled.

Second DUI Convictions for CDL Holders

In most situations, a second DUI conviction will result in the lifetime loss of your CDL. There are a few specific circumstances with different outcomes:

• A 1st Out-of-Service violation results in a 90-day suspension.
• A 2nd Out-of-Service violation leads to a 1-year suspension.
• A 3rd Out-of-Service violation results in a 3-year suspension.

The Pittsburgh DUI lawyers at the Logue Law Group have the experience and determination to fight for you and protect your rights.

Contact us

Hire a Pittsburgh criminal lawyer for better assistance and contact us by calling 412-387-6901.