What Are The Further Consequences Of A DUI Conviction Someone Could Face As A CDL License Holder?
If someone is a CDL holder and is convicted of driving under the influence, that’s essentially the end of their career as a driver. The reason for that is if they are arrested for DUI, the first consequence is that it can result in a disqualification of a CDL. The Arizona Motor Vehicle Department (MVD) will put a notation on their driver’s record that their CDL is disqualified. This happens even if the person or their attorney requests a hearing to contest the possible disqualification and so as a matter of law there is no disqualification.
When they request a hearing, then as a matter of law, the disqualification doesn’t go into effect but the notation remains on the license. If their employer runs the record check, they will see that disqualification and it will be very difficult to explain to the employer that even though it’s on there, the person is not disqualified.
There have been numerous cases, where a person who has a valid Arizona CDL, has been arrested for DUI but not found guilty in court nor has their license been suspended as a result of an administrative proceeding. However, because their record says they are disqualified and police out of state arrest have arrested people for driving under those circumstances.
That is the first major problem with a CDL holder who hasn’t been found guilty. Nevertheless as a practical matter, they are very limited in how they can drive, if at all. If their license is suspended, either through an administrative proceeding because of the alcohol level or a refusal, they are disqualified.
In order for someone to prevail, they have to both win the administrative proceedings as well as be found not guilty in court because either one will result in a one year disqualification. It is a one-year disqualification because if the person has a DUI conviction or suspension even if there never was a DUI suspension or conviction on their record, since 1990, they get a lifetime disqualification from being a CDL driver, and lifetime translates to ten years.
If the driver’s license is suspended because his alcohol level was over 0.08%, that counts for a conviction for CDL purposes. If the driver is found guilty of DUI, it’s a lifetime ban even if he didn’t have a CDL at the time of the first one. So, simply getting arrested for a DUI is basically the end of a someone’s career for a CDL holder.
A DUI Conviction For A CDL Holder Is The End Of Their Career. To Defend A DUI charge, call the law office of Gordon Thompson for a free initial consultation at [number type=”1″] and get the information and legal answers you’re seeking.