What Are the Potential Penalties for a Commercial DUI?
Regardless of what you drive, DUI charges are serious. However, if you have a CDL – commercial driver’s license – you will face more severe consequences if you are convicted of DUI in Kansas. Along with facing jail time and significant fines, you may lose your CDL, even if you were not operating the commercial motor vehicle when you received the DUI.
If you have a CDL and are convicted of operating while under the influence of alcohol or drugs, you may have your CDL suspended for a minimum of a year for your first offense. For a second offense, you may lose your license for the rest of your life. These same penalties will apply to your traditional license, as well.
It’s also important to note that blood alcohol concentration limits are lower for individuals when they are driving a commercial vehicle. It is illegal for you to operate a commercial vehicle if you have a BAC of 0.04, which is equivalent to approximately eight ounces of beer or a single ounce of liquor that is consumed within an hour of driving for someone who weighs around 200 pounds. While this may not seem like a lot, it is enough for you to be charged with a crime.
Potential Consequences for First Offense DUI Charges for CDL Drivers in Kansas
According to Kansas statute K.S.A. 8-2,144, if you operate a commercial vehicle with a BAC that is 0.04 or higher, you will face a class B, nonperson misdemeanor. This is for a first offense.
If you are convicted of this charge, you may face 48 hours to six months in jail. Also, according to Kansas Statute K.S.A. 8-2,142, your CDL will likely be suspended for one year. Along with paying fines and facing time in jail, you can no longer drive your truck or commercial vehicle, which means you may have to seek employment elsewhere. As you can see, the consequences and impact of even a first-time offense are significant.
If you refuse the breathalyzer test when pulled over, you may face a license suspension of up to three years. This is part of the implied consent rules in the State of Kansas.
Along with all the laws and potential consequences mentioned above, if you are convicted of a felony while you are operating a commercial vehicle, you will lose your CDL for life.
Hire an Attorney to Protect Your Rights
As you can see, you face several serious consequences if you face DUI charges with your CDL. If you are in this situation, one of the best things you can do is to hire an attorney. They will help protect your rights and help you build a defense for your case. Contact Kitchin Law Firm today for help.