Experienced Attorneys Defend Against DUI Charges for CDL Drivers in Pennsylvania

Skilled representatives work to protect your license and your livelihood

Commercial drivers serve important roles in the economy throughout the United States and in the Commonwealth of Pennsylvania. But commercial drivers who operate their vehicles while under the influence of alcohol or drugs can put others on the road in grave danger. As such, DUI laws for these drivers are stricter than those for the average motorist. If you hold a commercial driver’s license (CDL) and are convicted of DUI committed while on the job, you could have your license suspended for an extended period of time. What’s more, a second conviction can result in permanent disqualification from holding a CDL.

To protect your license and your livelihood, you need highly qualified legal representation. At Phil DiLucente & Associates, LLC in Pittsburgh, we provide skilled and experienced defense counsel for commercial drivers. Whether you were erroneously charged or you made a regrettable error, we fight to minimize the consequences of your arrest and to secure the best possible results in your case.

Penalties for CDL drivers on first and second DUIs 

A conviction of DUI while driving a commercial vehicle in Pennsylvania can draw the following penalties for a CDL license holder:

• First conviction — Sentences can include a jail term ranging from two days to six months, fines from $500 to $5,000 and a 12-month license suspension. If the driver has another serious traffic conviction, such as speeding or reckless driving, while driving a commercial vehicle, the CDL will be disqualified for one year or more. 
• Second conviction — This offense can draw jail time of one to six months, a fine of $750 to $5,000 and, most critically, disqualification for life from holding a CDL. 

To protect your commercial license so you can keep working, you should retain a capable DUI lawyer.

How DUI laws differ for Pennsylvania CDL holders

Pennsylvania DUI law is different in many respects for licensed commercial drivers. Here are a few of the important distinctions:

• DUI in a non-commercial vehicle — If you are convicted of DUI while operating an automobile, authorities can disqualify your CDL in addition to any license suspension for the offense. That disqualification lasts at least 12 months, during which time you’ll have to find other employment.
• Zero tolerance — The Pennsylvania Vehicle Code prohibits a driver with any alcohol in his or her system from operating a commercial vehicle. This means that if you register even a .02 percent blood alcohol concentration, you’ve committed a summary offense. Though less serious than a misdemeanor, jail time is still possible.
• Lower BAC limit — A CDL holder commits a misdemeanor DUI if his or her BAC registers .04 percent or greater while operating a commercial vehicle. This is half the percentage necessary for a standard DUI conviction in Pennsylvania. A CDL DUI conviction also carries a one-year license suspension.
• Limited ADR relief — Although first-time offenders have the opportunity to enter into Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) instead of going to trial, the successful completion of an ARD only avoids conviction and a criminal record. The driver’s CDL will still be suspended.
• Limited due process rights — A convicted CDL holder cannot appeal a lifetime CDL revocation to the courts. However, you may able to get your license reinstated after 10 years.

In certain circumstances, it may be possible to plea bargain for a dismissal of a CDL DUI charge or to have it reduced to a non-DUI offense. Such a result requires the aid of a skilled defense attorney. 

Contact a Pennsylvania DUI lawyer for a free CDL defense consultation 

Phil DiLucente & Associates, LLC defends commercial drivers in Pennsylvania charged with DUI offenses. Please call 1.800.GET.PHIL or contact us online to schedule a free consultation at our Pittsburgh office.