All motorists in Alabama are prohibited from driving any motor vehicle while under the influence of alcohol or controlled substances. However, the Code of Alabama § 32-5A-191(2) sets a much lower threshold for the amount of alcohol that can be in the blood of a driver when that person has been operating a commercial vehicle.
It is an extremely embarrassing and stressful experience for any commercial driver who is arrested for driving under the influence (DUI) while operating a truck, tractor-trailer, van, bus, or other vehicle. Not only do these people face criminal charges, but employers are immediately aware of these arrests and a conviction can have a profound effect on an alleged offender's ability to support his or her family.
Commercial Truck DUI Lawyer
If you are a commercial driver recently arrested for DUI in Alabama, immediately seeking legal counsel is in your best interest to fight the charges and challenge any administrative suspension of your regular Class D or commercial driver's license (CDL) license.
Typically, the driver of a regular passenger vehicle can be arrested for DUI if he or she has a blood alcohol concentration (BAC) of 0.08 percent or higher. However, a motorist cannot drive or be in actual physical control of a commercial motor vehicle if he or she has a BAC of 0.04 percent or higher.
Even if a truck driver has a BAC of less than 0.04 percent, he or she can be put out of service for 24 hours if he or she has any detectable amount of alcohol in his or her system. All motorists in Alabama are deemed to have given consent to alcohol testing by receiving their driver's licenses, and this is also true for commercial drivers, as they are considered to have given consent to chemical testing simply by operating a commercial vehicle.
It is very important to understand that a DUI charge relating to the operation of a private passenger vehicle can still impact a person's CDL privileges. If the alleged offender's traditional Class D driver's license is suspended for any reason, then his or her CDL will also be automatically disqualified. However, the loss of CDL privileges does not have the same automatic effect on Class D licenses.
Alabama Commercial Truck DUI Criminal Penalties
A commercial driver charged with DUI is subject to many of the same punishments concerning imprisonment and fines that any passenger vehicle driver would face. These penalties increase with subsequent offenses.
Mandatory sentences are not subject to suspension or probation.
Alabama Commercial Truck DUI CDL Penalties
In addition to the harsh criminal consequences of a conviction, there can be extraordinary long-term harm caused to the lives of alleged offenders because of administrative actions taken regarding the alleged offender's CDL. A driver will lose his or her CDL for at least one year if he or she:
- Drives a commercial vehicle under the influence of a controlled substance;
- Drives a commercial vehicle under the influence of alcohol;
- Drives a commercial vehicle when his or her CDL is suspended;
- Drives a commercial vehicle with a BAC of 0.04 percent or higher or
- Refuses to undergo blood alcohol testing.
Suppose a driver commits a DUI offense while operating a commercial vehicle placarded with hazardous materials (hazmat). In that case, his or her CDL will be suspended for at least three years. Additionally, a commercial driver may lose his or her CDL for life for a second offense.
Are you concerned about losing your CDL because of a recent DUI arrest in Alabama?
Do not delay in seeking experienced and knowledgeable legal representation.
