Facing a DUI charge can be a stressful and overwhelming experience, especially for commercial drivers in Colorado. If you’ve recently been arrested for driving under the influence (DUI) while holding a commercial driver’s license (CDL), you may be feeling uncertain and anxious about what comes next. You’re not alone in this—many drivers find themselves in a similar situation, and we understand the confusion and worry you’re going through. Our team at the Law Firm of Mark S. Hanchey and Ben Peterson is here to help guide you through the process and ensure that you have the support you need during this challenging time. This blog is designed to help you better understand the specific laws surrounding CDL DUI charges in Colorado, the potential consequences, and the steps you can take to improve the outcome of your case.
What is a CDL DUI in Colorado?
When a commercial driver is arrested for driving under the influence in Colorado, it’s treated differently from a regular DUI. This is because commercial drivers are held to a higher standard than non-commercial drivers due to the nature of their job. The legal blood alcohol concentration (BAC) limit for CDL holders is stricter than it is for regular drivers. While the legal limit for regular drivers is 0.08 percent BAC, commercial drivers are considered under the influence if their BAC is 0.04 percent or higher.
However, it’s not just alcohol that can lead to a DUI charge. A CDL holder can also be arrested for driving under the influence of drugs, including prescription medication, marijuana, or illegal substances. Commercial drivers must be particularly cautious, as any substance that impairs their ability to drive can result in serious legal consequences. These laws are in place to ensure the safety of the public, especially considering that commercial vehicles are often much larger and more dangerous than passenger vehicles.
What Are the Legal Consequences of a CDL DUI in Colorado?
The consequences of a CDL DUI conviction in Colorado can be severe and may result in both short-term and long-term effects on your career and your personal life. If you are convicted, you could face administrative penalties from the Colorado Department of Revenue (CDR), which could include the suspension or revocation of your CDL. Even if your case does not end in a criminal conviction, you could lose your job and face difficulties finding new employment due to the negative impact a DUI conviction has on your driving record.
For a first-time DUI offense, the consequences for a CDL holder can be serious. A conviction may lead to a one-year suspension of your CDL, and this suspension can occur even if you were driving your personal vehicle at the time of the arrest. If you’re found guilty of a second DUI offense, you could face a lifetime disqualification of your CDL, effectively ending your career as a commercial driver. In addition to these administrative penalties, a DUI conviction can result in fines, mandatory alcohol education programs, and possible jail time, depending on the severity of the offense.
It’s also important to note that DUI laws in Colorado apply to both public roads and private property. If you’re arrested for a DUI while driving a commercial vehicle on private property, you may still face penalties and consequences. Therefore, no matter where you are, it’s crucial to take your CDL responsibilities seriously and avoid situations where you could be at risk of DUI charges.
How Does a DUI Arrest Impact a Commercial Driver’s Career?
For a commercial driver, a DUI charge is not just a legal issue; it’s a career-threatening problem. Losing your CDL could mean losing your livelihood. Trucking companies and other employers in the transportation industry are unlikely to hire or retain employees with DUI convictions on their records. A conviction may lead to a permanent mark on your driving record that could follow you for years, making it difficult, if not impossible, to find work as a driver in the future.
A suspension or revocation of your CDL can have immediate consequences, especially if driving is your primary source of income. Many commercial drivers rely on their CDL to support their families, and even a temporary suspension can cause financial hardship. The reality of this situation may feel overwhelming, but it’s important to know that there are steps you can take to challenge the charges or minimize the penalties. Working with an experienced attorney can help you understand your rights and explore your options for a successful outcome.
What to Do if You Are Arrested for a CDL DUI in Colorado
If you have been arrested for a DUI while holding a CDL, it’s important to take immediate action to protect your rights and your career. First, remember that you have the right to contest the DUI charge and request a hearing with the Colorado Department of Revenue. If you fail to request this hearing within seven days of your arrest, you could automatically face a suspension of your CDL.
It’s also important to avoid making statements to law enforcement officers or admitting guilt without first consulting with an attorney. Anything you say can be used against you in court, so it’s crucial to remain calm and refrain from talking until you’ve spoken with a legal professional. The arresting officers will likely ask you to take a breath or blood test, and while you have the right to refuse, refusing can result in automatic penalties, such as the suspension of your CDL. In some cases, it may be in your best interest to comply with the testing, as refusal could be seen as an admission of guilt.
Once you’ve secured legal representation, your attorney can help you navigate the legal process. They will examine the details of your arrest, including whether the stop was lawful, whether the breath or blood test was administered correctly, and whether any errors were made during the arrest. Your attorney may also be able to challenge the evidence against you or negotiate for a reduction in charges. There are many potential defense strategies that can be used to protect your rights and improve your chances of a favorable outcome.
How Can an Attorney Help You with Your CDL DUI Case?
Facing a DUI charge as a commercial driver is a serious matter, but with the right legal representation, you can improve your chances of a positive outcome. An attorney who is experienced in handling CDL DUI cases can guide you through every step of the legal process, from challenging the suspension of your CDL to representing you in court.
Your attorney will begin by reviewing the details of your case, including the circumstances of your arrest, the evidence against you, and the actions of law enforcement officers. Based on this review, they may be able to identify weaknesses in the prosecution’s case and use this information to build a strong defense on your behalf. For example, if there was an issue with the way the breathalyzer was administered or a procedural error during the arrest, your attorney may be able to have the evidence against you dismissed.
If you’re facing the possibility of a suspension or revocation of your CDL, an attorney can help you request a hearing with the Department of Revenue and represent you during the hearing. In some cases, it may be possible to obtain a temporary restriction on your CDL, allowing you to continue working while your case is being resolved.
If a conviction is unavoidable, your attorney can work to reduce the penalties you face. This could include negotiating for a lesser sentence, reducing the length of your CDL suspension, or finding alternatives to jail time, such as community service or probation.
Being arrested for a DUI while holding a CDL is a serious matter, and the consequences can be severe. However, with the right legal help, you don’t have to face this challenge alone. Understanding the laws surrounding CDL DUIs in Colorado is an essential first step in protecting your rights and your career. If you are facing a CDL DUI charge, contact the Law Firm of Mark S. Hanchey and Ben Peterson. Our team understands the stress and confusion you may be experiencing and is committed to helping you get the best possible result for your case. Let us help guide you through this difficult time and work towards a successful outcome for your future.