In Michigan a DUI conviction can result in extensive problems, both personally and professionally. These challenges are exacerbated if the driver is operating a commercial vehicle.
Since commercial drivers make their living behind the wheel, being convicted of DUI could cost them their livelihood. Commercial drivers are subject to greater scrutiny under the law. With that, the threshold for a DUI is lower than it is for a person operating with a conventional license. Knowing how to fight the charges is key to limiting the consequences or even having them dismissed.
Commercial drivers have a lower legal limit for alcohol
According to state law, a commercial driver will be charged with DUI if they register 0.04% blood alcohol concentration. That is half what would constitute a sufficient BAC for a driver with a standard license. Of course, there can be an arrest if the law enforcement officer believes the driver is impaired even if they test below these amounts.
Law enforcement does not need a warrant to make this arrest if there was an accident and they believe that the driver was under the influence. Nor do they need a warrant if the driver is in the driver’s seat and is parked or stopped on a street or highway, is blocking the road, and is believed to have violated the law.
The penalties for a CDL driver charged with DUI include the possibility of a driver’s license suspension, points on their license, heft fines, and jail time. There can also be community service.
Know the penalties and fight the charges
CDL drivers must be aware that the ramifications go far beyond these legal penalties. Many employers have strict rules against their drivers being convicted of DUI or OWI. They could lose their job, benefits and have an uncertain future. This will be on their record and can preclude them from getting another job. Subsequent offenses have harsher penalties including a lifetime ban from holding a CDL.
When a commercial driver is facing these types of charges, there are avenues of defense to explore. Perhaps they were not under the influence or have a reasonable excuse for having appeared to have been so. The tenets of the investigation or the testing procedure could have been faulty. For help, it is important to discuss the matter with qualified professionals experienced in DUI, OWI and criminal defense.