Impact of a Henrico DUI Charge on a CDL
If a person is a commercial driver’s license (CDL) driver and charged with a DUI in Henrico County, he needs to understand that if convicted he will lose his CDL and then, in all likelihood, lose his job. The immediate effect will be an immediate suspension of the CDL pending the outcome of the trial. A DUI lawyer in Henrico County can help to potentially dismiss or reduce the charges. In many cases, even if the charge is reduced, it can still result in the loss of the CDL.
Consequences of a DUI
If an individual is convicted of a DUI in Henrico County and holds a CDL, their license will be suspended. In many cases, if it is a first offense, the CDL will be disqualified or one’s ability to operate under CDL will be disqualified for a minimum of one year. An individual cannot get a restricted license for a commercial driver’s license; he will have to petition to get reinstated. If convicted of a second or subsequent offense, an individual is going to likely receive what is referred to as lifetime disqualification of the CDL.
What If They Are Charged But Not Convicted?
If someone is charged but not convicted or if the case is dismissed, then the DMV will not take any action against the CDL. Employers and the insurance providers may view that differently, but if the charge is dismissed outright, then an individual can avoid any suspension of the CDL.
Unique Aspects of CDL DUI Cases
Commercial drivers license drivers are held to a much higher standard due to their employment and the fact that they make their living on the roads. In many cases, they’re driving extremely large vehicles that can be carrying sensitive cargo. The courts are much harsher on CDL drivers when it comes to most driving offenses and particularly DUIs.
A person cannot get a restricted license for a CDL following a DUI charge Henrico County. Virginia law does not allow it. A person can get a restricted license for a personal vehicle, but it cannot be used for driving a commercial vehicle, and thus, will disallow a person from working.
Long Term Implications of a DUI on a CDL Holder
The long-term implications are many on a CDL holder. If convicted of a first offense, they will be disqualified from possessing a CDL for one year. After that year, they have to apply to get a CDL back and there is no guarantee that they will. If it is a second or subsequent conviction of a DUI, then a lifetime disqualification will be imposed.
Benefit of An Attorney
The best thing an experienced local attorney can do for a CDL holder is to explore the case and explore defenses in the attempt to get the charge dismissed or reduced to reckless driving, if possible. This would save them from the one-year disqualification if it is a first offense and ideally allow them to get back on the road quicker.
