If you are a commercial driver’s license (CDL) holder and have been arrested for driving under the influence (DUI) in Colorado, you might feel overwhelmed, confused, and unsure about your next steps. We understand that facing a CDL DUI charge can bring a great deal of stress, especially considering the potential impact it could have on your career and personal life. Here at our law firm, we are here to help guide you through this challenging time and offer our support to achieve the best possible outcome for your case.
In this blog, we will explain the legal blood alcohol concentration (BAC) limits for CDL drivers in Colorado and how they differ from the limits for regular drivers. Understanding these differences is crucial for anyone in the trucking industry or anyone who drives commercially for a living. Let’s take a look at the laws and how they affect you as a CDL holder.
What Is a BAC and Why Does It Matter for CDL Drivers
Blood alcohol concentration, or BAC, refers to the amount of alcohol in a person’s bloodstream. It is measured as a percentage, and it is used to determine whether someone is legally intoxicated while driving. For regular drivers, a BAC of 0.08 percent is the legal limit in Colorado, meaning if your BAC is 0.08 percent or higher, you could be arrested for DUI.
However, CDL drivers, who operate large commercial vehicles like trucks and buses, are held to stricter standards. The law recognizes the serious risks involved in operating heavy machinery, especially under the influence of alcohol. Therefore, the BAC limit for CDL drivers is lower than for regular drivers.
The Legal BAC Limit for CDL Drivers in Colorado
In Colorado, the legal BAC limit for CDL drivers is much stricter than the limit for regular drivers. For commercial drivers, the legal BAC limit is 0.04 percent. This means that if your BAC is 0.04 percent or higher, you could face DUI charges, even if you are well below the 0.08 percent limit for regular drivers.
It is essential to understand that a BAC of 0.04 percent is significantly lower than the regular DUI threshold of 0.08 percent. This means that even small amounts of alcohol can result in a DUI charge for a CDL holder. The law takes this seriously because the safety of the public is at stake when large commercial vehicles are on the road.
What Happens if a CDL Driver Is Arrested for DUI
If you are a CDL holder and are arrested for DUI in Colorado, the consequences can be severe. One of the most immediate and significant impacts is the suspension of your commercial driver’s license. For a first offense, your CDL may be suspended for at least one year, even if your BAC was below 0.08 percent. In some cases, the suspension may last even longer if there are aggravating factors or if you have been involved in an accident while under the influence.
Additionally, if your BAC is 0.08 percent or higher, or if you refuse to submit to a chemical test, you could face even more serious penalties, including a longer license suspension, fines, and possibly jail time. If you are caught driving a commercial vehicle with a BAC of 0.04 percent or higher, your livelihood and career could be in jeopardy.
Even if you were arrested for a DUI in your personal vehicle, your CDL could still be affected if you had any alcohol in your system. These consequences can be far-reaching, affecting your ability to work and provide for your family. It is essential to consult an experienced attorney who understands the complexities of CDL DUI cases and can help you fight for your rights.
How CDL DUI Charges Differ from Regular DUI Charges
While DUI laws are similar for both CDL drivers and regular drivers, the consequences for a CDL holder are typically much more severe. As mentioned earlier, the BAC limit for CDL drivers is lower, but that is just one of the major differences between regular DUI charges and CDL DUI charges.
For regular drivers in Colorado, the legal BAC limit is 0.08 percent. However, for CDL drivers, the limit is halved at 0.04 percent. This means that it takes far less alcohol for a CDL driver to be considered legally intoxicated. If a regular driver is arrested for DUI with a BAC of 0.08 percent or higher, they may face a license suspension, fines, and possibly jail time, but they can still maintain their personal driver’s license.
For a CDL driver, even a BAC of 0.04 percent can lead to a suspension of the commercial license. In addition, a regular DUI conviction may not impact a CDL driver’s ability to work in the same way as a DUI conviction involving commercial driving. The penalties can be more severe and result in a much longer period of time without the ability to operate a commercial vehicle.
The Consequences of Refusing a DUI Test for CDL Drivers
In Colorado, if you are pulled over under suspicion of DUI and refuse to take a chemical test, you could face additional penalties. For regular drivers, refusing a chemical test may result in an automatic license suspension. However, for CDL drivers, refusing a chemical test can result in even harsher consequences.
If you refuse to submit to a breathalyzer or blood test, your CDL could be suspended for at least one year, and you may be ineligible for reinstatement for an extended period. This is especially concerning for commercial drivers, as the loss of a CDL can mean the loss of their livelihood.
Why You Need an Experienced CDL DUI Lawyer in Colorado
Being arrested for a DUI as a CDL driver is a serious matter that requires immediate attention. The consequences of a DUI conviction can be severe, and the legal process can be complex. Understanding the BAC limits, the penalties involved, and how to defend yourself in court can make all the difference in the outcome of your case.
Having an experienced CDL DUI lawyer on your side can be invaluable. A knowledgeable attorney can help you understand your rights, explore potential defenses, and work towards achieving the best possible result for your case. Whether it’s challenging the BAC results, questioning the legality of the traffic stop, or negotiating for a reduced sentence, an experienced lawyer can help you navigate this difficult process.
If you are facing a DUI charge in Colorado as a CDL holder, it is crucial to act quickly and seek legal representation. Our team of attorneys understands the complexities of CDL DUI cases, and we are here to help. We know that you may be feeling uncertain and anxious about the situation, and we are committed to providing the support you need to get through this challenging time.
At our firm, we approach every case with empathy, professionalism, and a focus on achieving the best possible outcome. We will take the time to listen to your side of the story, analyze the facts of your case, and determine the most effective strategy for defending you.
If you are facing a CDL DUI charge in Colorado, don’t wait to seek legal help. Contact our office today to schedule a consultation with one of our skilled attorneys. Let us help you protect your rights and work towards a successful resolution of your case.