The Impact of a DUI on Your Commercial Driver’s License
Do you have a commercial driver’s license (CDL) in Kansas? If so, you may face severe consequences if you are convicted of DUI.
While the penalties for a DUI in Kansas while driving a typical passenger vehicle1 are severe and often life-altering, those accompanying a commercial DUI are even worse.
For example, if you drive a truck, taxi, or another type of commercial vehicle, you may lose your CDL license – even when you were not driving the commercial vehicle at the time you received the DUI.
Potential Penalties for CDL Drivers Who Receive a DUI
If you are convicted of operating a commercial vehicle while under the influence of any type of alcohol or drugs, you may face a CDL license suspension of 12 months for your first offense. For a second offense, you may lose your commercial license indefinitely. It is also important to note that the penalties you receive against your CDL will transfer to your regular driver’s license, too.
As a CDL holder, you also need to understand that BAC (blood alcohol levels) while driving a commercial vehicle is much lower than what is acceptable with a passenger vehicle. In Kansas, this limit is 0.04% for commercial drivers. For traditional passenger vehicle drivers, the amount is 0.08%2.
If you have your CDL, you need to be careful when drinking. If you are going to drink, make sure someone else is going to drive.
First Offense Penalties for a Commercial DUI
According to the law, if you operate a commercial vehicle with a BAC over 0.04 in a period of three hours of driving time3, you will face a class B, nonperson misdemeanor. If you are convicted of this, you can receive 48 hours to six months in jail. Also, your CDL will be suspended for a period of one year4.
If you refuse the breathalyzer test, you will have your license suspended for a minimum of three years, as this is part of the implied consent rules in the State of Kansas. In addition to these laws, if you are convicted of a felony while you operate a commercial vehicle, you will lose your commercial license for the rest of your life.
Second Offense Penalties for a Commercial DUI
If you have a CDL and are convicted of a second DUI offense, you will receive a Class A, nonperson misdemeanor. They are going to be ordered to serve from 90 days and a year in prison. You will also face a fine of $1,250 to $1,750 in total court fees.
Also, with this charge, your commercial license is revoked for life.
Hire an Attorney for Help
If you are a CDL driver and receive a DUI, it is essential to hire an attorney to help with your case. They can ensure you get the legal representation needed to minimize the penalties that you face. Keep this in mind if you ever find yourself in this situation.
Sources:
- http://www.ksdot.org/burtrafficsaf/brochures/pdf/ksduilaws.pdf
- https://statelaws.findlaw.com/kansas-law/what-are-the-kansas-dui-laws.html#:~:text=The%20per%20se%20BAC%20limit,of%20a%20commercial%20driver’s%20license.
- http://rvpolicy.kdor.ks.gov/pilots/ntrntpil/ipilv1x0.nsf/698490e1288fdf7086256524007f6168/cbfac061d6c67e4186257f100079432b?OpenDocument
- http://rvpolicy.kdor.ks.gov/Pilots/Ntrntpil/IPILv1x0.NSF/698490e1288fdf7086256524007f6168/49714da6d051c2f786257af4005b14fd?OpenDocument
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