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Can I Still Drive My Commercial Vehicle if I Get a DUI Charge?
Anytime someone gets a DUI, it’s a shake-up to your life, family, and career. The charges must be dealt with legally, and just as importantly, complications in your life must be sorted out. The worst thing that someone can do after a DUI charge is to wonder and worry without taking action. However, the average driver is not equipped with the knowledge of the law and the process of a DUI charge to know if they’re taking the right action or making their situation worse through wrong decisions or inaction.
When a professional driver with a commercial driver’s license (CDL) gets a DUI charge, the first thing on their mind is how it could affect their license and, because of that, how their career will be impacted. The truth is that several things are set into motion that could spell trouble for their license and career. That’s why speaking with an experienced and knowledgeable DUI attorney in Delaware is a good idea. Once you have received a drunk driving charge, your license is immediately subject to an out-of-service order, which means you cannot operate a commercial vehicle for the next 24 hours. However, that is just the beginning.
Your situation may also be extremely time-sensitive, so you need to contact the Delaware Division of Motor Vehicles within 15 days of the DUI charge. If you do not, you will automatically lose your CDL license for one year, even if you end up beating the charges with your criminal defense at trial. All of these issues with your license are in addition to the severe fines and potential jail time you could face, according to 21 Delaware Code Section 4177. A compassionate attorney like the ones at Abram, Gulab & Hutchison can help you weigh your options and take action before more problems arise.
Will I Lose My Commercial Driver’s License After a DUI Charge?
The unfortunate news is that you do have the potential to lose your CDL as a result of a DUI charge. There are two primary types of charges related to the loss of a CDL license: the first is Serious Traffic Violations, and the second is Major Violations.
DUI usually falls into the category of Major Violations, which can lead to a CDL suspension anywhere from one year to your entire lifetime, depending on the circumstances. There are also situations in which a DUI can be charged as a lower Serious Traffic Violation, with a sliding scale of suspensions. It can go anywhere from not losing your license to a suspension of 60 to 120 days.
It’s also important to remember that your CDL license isn’t just at threat of suspension from a DUI charge in a commercial vehicle. If you have a DUI charge in your non-commercial vehicle that rises above a certain threshold, you can lose your CDL in that way as well.
What Else Do I Need to Know About DUI Charges?
Delaware is serious about drunk driving, and in particular, drunk driving by commercial drivers. That’s why, in the state of Delaware, the blood alcohol content (BAC) level needed for a DUI charge is .08. However, because commercial drivers often have larger vehicles that can cause more significant damage, the threshold for a DUI charge drops to the lower .04.
If you are convicted of drunk driving charges, the effects don’t stop at your CDL license, either. You could be hit with a fine anywhere from $500-1,500. In addition to the monetary penalties, there is always the possibility of incarceration of up to a year. On top of that, if the cargo in your vehicle during the DUI charge contained hazardous materials, the disqualification period for your CDL jumps from one year to three.
While the primary concern of the license loss may be your main focus, other issues crop up with a DUI charge that can cause equally significant problems in different ways. The good news is that many of those problems, as well as the license issue, can be dealt with by speaking with an attorney skilled in DUI charges in the state of Delaware.
Do I Need a Lawyer for my DUI Charge?
Like most aspects of U.S. law, you are not required by law to have an attorney assist you in cases related to a DUI. However, your circumstances involve the potential loss of a CDL, something that the average person doesn’t have and which provides you with a lucrative career. The last thing you want to have happen to you is that you may have been able to restore your CDL license, but because of a simple mistake with timing or filling out documents correctly, the opportunity vanishes, and your license is lost. That is why it is highly recommended that you speak to an attorney about your situation.
There’s too much at risk in a DUI charge case for you to take the chance of losing the license that allows you to make a living. Having a trained, compassionate attorney who has handled these types of cases before standing by your side throughout the process can give you not only the helpful answers you need but they can provide guidance in repairing your personal situation and provide a sense of calm and authority that will let you focus on getting your life and career back in order.
At a time when you need to be focused on making the best decisions you can for the future of your career and your personal life, you can’t spend your time worrying and wondering what is the right thing to do.
The legal team at Abram, Gulab & Hutchison can be that strong team for you. Don’t waste another moment risking your career and the comforts you’ve come to appreciate in your life. Give us a call at 302-405-7010 so we can get started on your case today.
