If you're a commercial driver's license (CDL) holder who has been charged with driving under the influence (DUI), you need an attorney on your side as soon as possible. A conviction could result in a lengthy disqualification period for your CDL, which could affect your future and livelihood. Additionally, depending on the circumstances, if you're found guilty of a DUI, you could face fines, incarceration, and/or probation.
At Tillotson & Martin, our Coastal Virginia commercial DUI lawyers are here to stand by you throughout your case. We have nearly 40 years of combined experience and are well-versed in DWI laws. In fact, we have such a thorough understanding that our team was asked to write the DWI book judges, lawyers, and prosecutors read. We know the nuances of the law, as well as the sciences involved in these cases. Attorney Jeff Martin is an ACS-CHAL Forensic Lawyer-Scientist, a designation only two lawyers in this state have. Additionally, we are trained Breath Test operators and have our own EC/IR.
When you hire us for your DUI case, we'll treat you with compassion as we fight aggressively against your charge. Speak with a member of our team during a free consultation by calling (757) 568-7978.
What Is a Commercial DUI?
In Virginia, it's illegal for CDL holders to drive or operate vehicles with a blood alcohol content of .04 or higher. However, technically a BAC of .04 is not a commercial DUI because the law does not assume the driver is drunk at that level. Rather, when a CDL holder is accused of operating a vehicle at .04, they face a lesser included offense that's charged as a Class 3 misdemeanor.
That's not to say that a CDL holder can't be charged with a commercial DUI. If their ability to drive safely is impaired by alcohol and/or drugs, they have a BAC of .08 or higher, or refuse to take a blood alcohol test they will face penalties for driving under the influence.
Will I Lose My CDL If I'm Convicted of a DUI?
If you're convicted of driving with a BAC of .04 or higher or while impaired, you're CDL will be disqualified.
Among other penalties, you could face:
- 1-year CDL disqualification for a DWI conviction
- 1-year CDL disqualification for refusing a breath or blood test
- 2-year CDL disqualification for a DUI conviction and a refusal
- Lifelong CDL disqualification for two separate DWI convictions (regardless of how much time passed between the two)
What’s important to note about Virginia's DWI law is that you could face the disqualification sanctions for being convicted of drinking and driving in a commercial vehicle or your own non-commercial vehicle.
Can I Face Jail Time for a CDL DUI?
Aside from a CDL disqualification, you could be sentenced to jail for a CDL DUI conviction. However, the penalty depends on your circumstances. For instance, if you were convicted of driving with a BAC of .04, you will be charged with a Class 3 misdemeanor. A conviction carries a fine of up to $500 but no jail time.
If your driving abilities were impaired by drugs and/or alcohol or you had a BAC of .08 or higher and this is your first offense, you face the following conviction penalties:
- Up to 1 year in jail
- Up to $2,500 in fines
Get Started on Your Case Today
If you've been charged with a commercial DUI, trust your case to our skilled and knowledgeable Coastal Virginia attorneys at Tillotson & Martin. We know how to build effective defenses to fight charges and will work toward a favorable outcome on your behalf.
We Wrote the Book.We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.
We Possess the Knowledge.Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.
We Truly Care.Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.
We Have the Fight to Win.With nearly 40 years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.
Call (757) 568-7978 or Fill Out a Form for a Free Case Evaluation