A DUI can leave lasting consequences for anyone, but the penalties can fall particularly hard on a commercial driver. The legal limit for DUI is generally 0.08 percent, though, for commercial drivers, the threshold is 0.04 percent. Another important distinction to be made is that, under FMCSA regulations, a driver can lose their commercial driver’s license if they receive a DUI in either a commercial or non-commercial vehicle.
WHAT ARE THE PENALTIES ASSOCIATED WITH CDL DISQUALIFICATION?
If you are a first-time offender or you refused to submit to a breath test, you will be subject to both state and federal license suspensions. This means that you cannot operate a commercial motor vehicle for the length of your suspension. License suspensions can vary, as follows:
- If this is your first offense, you will lose your CDL for one year
- If you transported hazardous materials like flammable, poisonous, or oxidizing material, you will lose your CDL for three years
- If this is your second offense, you will permanently lose your CDL. In a select few cases, a judge may agree to reinstate your driving privileges after 10 years.
WHAT ARE MY NEXT STEPS AFTER A CDL SUSPENSION?
- Surrender your CDL: Upon disqualification of your commercial driver’s license, the Maryland MVA will mail you a notice of disqualification. Your disqualification notice indicates the date you should surrender your CDL. It is important that you surrender your CDL by the date provided to avoid penalties. You may surrender your CDL in person at any Maryland MVA Office or by mail to MVA Administrative Adjudication Division, 6601 Ritchie Highway, Glen Burnie, MD 21062.
- Hire a lawyer: Hire a lawyer IMMEDIATELY after your DUI arrest. If you wait too long to speak with an attorney, you can lose your chance to appeal your license suspension, and your CDL could go on hold for longer.
WHAT ARE MY OPTIONS FOR MY CDL REINSTATEMENT HEARING?
A suspension of your commercial driver’s license is not the end of the road. the Maryland MVA will often grant you a hearing to advocate for your reinstatement, but you must request it in time. You may request a hearing under the following conditions:
- If you request a hearing 10 days after your suspension date, your hearing request will be scheduled within 30 days.
- If you request a hearing 11-30 days after your suspension date, your hearing request will be scheduled within 45 days of your request.
- If you request a hearing 31 days after your suspension date, your hearing request will be denied.
SPEAK WITH A COMMERCIAL DUI ATTORNEY NOW
Having your CDL suspended has very serious effects on your ability to earn a living and future job opportunities, and if not dealt with swiftly and properly, it can have a serious impact on how you provide for yourself and loved ones. If you face charges for a DUI in Maryland and hold a CDL, do not wait until you receive your suspension notice to seek help. Instead, seek help right away. The attorneys at Alpert Schreyer Poe, LLC have more than 25 years of experience defending DUI cases. Schedule a free case evaluation by calling (301) 321-7277 or through our online contact form.