DUI Defense
An unlawful DUI/sobriety checkpoint: If we can establish the police utilized an unlawful checkpoint, we may be able to have the resulting evidence ruled inadmissible or have your case dismissed.
Unlawful traffic stop: We may seek to prove an officer pulled you over without probable cause or reasonable suspicion that you were committing a crime.
Unlawful search and seizure: We may establish that the officer conducted an unlawful search of your vehicle during a traffic stop, and any resulting evidence should be ruled inadmissible.
Unreliable field sobriety test results: Though you are not required to perform any field sobriety tests, you may have done so during a traffic stop. We will seek to prove that these tests are unreliable in establishing impairment.
Inaccurate chemical test results: We may find evidence that suggests the results of a breath, blood, or urine test are inaccurate. For example, we may learn the police station’s breath test machine was not properly maintained and calibrated. If the evidence weighs heavily against you, we may recommend steps to obtain the minimum consequences upon conviction.
First Offense
If you were charged with a first drunk driving offense, you need to contact an experienced DUI attorney to help you through each stage of the case. Many individuals charged with a first-time offense of driving under the influence (DUI) will qualify for the Accelerated Rehabilitative Disposition (ARD) program, or would benefit from the help of a lawyer fighting for them to have their charges reduced or dropped entirely. A lot is on the line when you’re faced with a criminal charge, and as such, you need the assistance of an experienced DUI attorney.
A first DUI offense in PA involving a BAC (blood alcohol content) of 0.08% to .099% is an ungraded misdemeanor.
For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
A first DUI involving a BAC of .10% to .159% is an ungraded misdemeanor. For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
A first DUI involving a BAC of .10% to .159% is an ungraded misdemeanor. For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
Second Offense
A second offense DUI in Pennsylvania is a serious charge with potentially severe penalties. In addition to jail time, fines, and drug and alcohol treatment, you will be facing a lengthy license suspension period and mandatory installation of an ignition interlock. These additional requirements carry separate rules and costs that will affect you long after your DUI case has ended.
People often assume that nothing can be done to improve a second DUI charge. However, that is not the case, and at Pinnacle Legal Services, our lawyers know that entering a guilty plea for many clients is not an option. There are ways to resolve a second – time DUI charges favorably, and we will make every effort to avoid a criminal conviction on your record.
Pennsylvania’s system for punishing DUI offenses is largely determined by your BAC at the time of arrest and whether you have previous DUI convictions on your record.
A second DUI involving a BAC of .08 to .099% is an ungraded misdemeanor. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
A second DUI involving a BAC ranging from .10 to .159% is an ungraded misdemeanor. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
A second or subsequent DUI involving a BAC of .16% or higher is considered a misdemeanor of the first degree. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
Pennsylvania law mandates a driver’s license suspension for a second DUI conviction be as follows:
Third Offense
Pennsylvania treats repeat DUI offenders seriously and punishes them harshly. If you have been charged with three or more DUI offenses in Pennsylvania, you may be subjected to some of the most severe DUI penalties possible. In addition to hefty fines, you will be sentenced to prison at a state facility, not a local jail. You’ll face a lengthy driver’s license suspension and installation of an ignition interlock in your car once you can drive again. To prevent a third DUI or subsequent DUI conviction, you need to contact a third DUI attorney as soon as possible.
A third DUI involving a BAC between .08% and .099% is a second-degree misdemeanor, punishable by:
A third DUI with a high BAC is a first-degree misdemeanor, punishable by:
A third DUI involving a highest BAC is a felony, punishable by:
Fourth and Subsequent DUI
A fourth or subsequent DUI involving general impairment is a second-degree misdemeanor, punishable by:
A fourth or subsequent DUI with a high BAC is a felony, punishable by:
What happens to my license?
Pennsylvania law mandates a driver’s license suspension for certain DUI convictions, but the details of such a consequence depend on various factors, including your BAC while driving, other traffic convictions at the time of a guilty plea, a DUI test refusal, or whether you were under the influence of any controlled substances.
If convicted of a first-time DUI in PA, you face the following driver’s license suspension terms:
Accelerated Rehabilitative Disposition
The Accelerated Rehabilitative Disposition (ARD) Program is a diversionary program available in all sixty-seven Pennsylvania counties. The program is available to most first-time offenders and others with limited criminal records. Under the terms of ARD, defendants can avoid mandatory jail time, and upon completion of ARD, the defendant can petition to expunge his or her case. It essentially allows a defendant to have a “fresh start” and avoid having a criminal record.
Although many types of criminal cases proceed into ARD, the overwhelming majority of ARD cases involve DUI offenses.
Under the ARD program, the court will impose a driver’s license suspension for offenders based on certain blood alcohol concentration (BAC) ranges and whether any controlled substances were in the person’s blood. The suspensions are as follows:
Underage DUI
Anyone under the age of 21 who is caught driving with alcohol in their system can be charged with DUI. This makes Pennsylvania a “Zero Tolerance” state. This means that an underage DUI comes with very severe penalties on top of any penalties that may be imposed for underage drinking. If you, your child or a loved one has been charged with Underage DUI, it is imperative you hire a qualified DUI Lawyer to protect his or her rights and future.
Under Pennsylvania law, it is illegal for any minor to drive with any measure of alcohol in his or her system. However, there is a legal limit defined in Pennsylvania Code Title 75 Section 3802(e). This part of the code states that a minor may not drive, operate, or be in actual physical control of the movement of a vehicle with a blood or breath alcohol (BAC) level of .02%.
A minor can be charged with underage DUI whether or not the legal level is reached. A BAC of .02% or greater qualifies a minor to be punished under a DUI section with more severe penalties. A minor can also be prosecuted under the drugged driving section.
Any person under the age of 21 years old can be arrested for DUI if there is a blood-alcohol level of .02% in their body. The reading is so low that essentially any measurable amount of alcohol can lead to a conviction for DUI. The young person can also be charged with DUI even if he or she refuses to submit to a breath, blood or urine test.
A minor for DUI purposes is considered anyone under the age of 21 years old. Young people who are under 18 are prosecuted in the juvenile justice system. A young person charged with DUI who is over 18 but under 21 will be prosecuted in adult court.
Pennsylvania Underage DUI Penalties
An underage DUI conviction could stay on your record permanently. Additionally, a minor does not have to be over a .02% BAC to be found guilty of DUI.
Since the legal drinking age in Pennsylvania is 21, there are two different categories of penalties for underage DUI offenders. One category is for juvenile offenders 17 and under, and the other category is for adult offenders 18-20 years old. The penalties an underage DUI offender faces, if convicted, include the following:
Juvenile Underage DUI – 17 or younger
Adult Underage DUI: 18 – 20 years old
First Offense:
Second offense:
If you or your child is over 18, he or she may qualify for the Pennsylvania Accelerated Disposition Program. Any defendant who successfully completes ARD is entitled to have his or her record expunged. Your attorney will be able to help you determine what the best outcome can be.
Drug DUI
If you are arrested and charged with a DUI offense from driving under the influence of a controlled substance, you can receive very harsh penalties if convicted. You can be convicted of DUI even if you are not technically “impaired” so long as there is a trace of an illegal drug in your system. Pennsylvania law imposes the same category of punishments as drivers with the highest blood alcohol concentration (BAC) level.
Pursuant to 75 Pa. Const. Stat. § 3802(d), an individual can be charged with the criminal offense of driving under the influence (DUI) if they have actual physical control of the movement of a vehicle in any of the following situations:
It is important to note that drugs like marijuana can remain in your blood system for up to 30 days. It is illegal to drive with any lingering metabolites of marijuana, even if you originally consumed the drug in a state where it is legal. As more and more states decriminalize marijuana, it is imperative to be aware of the laws still in effect in Pennsylvania.
Penalties for a Drug DUI
A first DUI involving a controlled substance is an ungraded misdemeanor. If a driver is convicted of a first drugged DUI offense, the mandatory minimum sentence is:
A third DUI involving a controlled substance is a misdemeanor of the first degree under Pennsylvania law. If an individual is convicted of a third or subsequent DUI drug offense, the mandatory minimum sentence is:
DUI with a Commercial Drivers License
Some CDL drivers are caught off-guard by the lower CDL legal limit for a DUI. Most Pennsylvania drivers face DUI charges with a BAC of 0.08 or higher. However, commercial drivers are considered impaired if they have a BAC of 0.04 or higher. Standards are even higher for those who drive a school bus. School bus drivers with a level of 0.02 or higher are considered highly impaired.
The standards for CDL holders don’t just apply to when they are in company vehicles. Commercial drivers are expected to hold themselves to a higher standard even when they are driving their personal vehicles, as the choice to drive while impaired may reflect poorly on a driver’s judgment and trustworthiness. The legal penalties are stiff for CDL drivers convicted of DUI , One of the first questions CDL holders ask is, “Do you lose your CDL if you have a DUI?” Your first CDL leads to a 12-month revocation of your license. If you get a second DUI with a CDL, you lose your commercial license permanently. Some drivers accept ARD, only to find out that they still lose their license for a full year. We frequently hear, “How do I get my CDL back after a DUI?”
Unfortunately, once convicted, you typically have to wait the full year before you can drive commercially again. State-level and federal CDL DUI laws are designed to keep unsafe drivers from being in control of commercial vehicles.
On top of losing your license, you face fees and potential jail time with a DUI conviction. Since legal limits are lower for commercial drivers than for personal drivers, you can expect your fees and jail sentence to be higher than they would be if you did not have a CDL.
First-time conviction fines range from $500 to $5,000, and you could spend up to six months in jail. Subsequent convictions, in addition to causing a lifetime CDL revocation, can cost you up to $10,000 in penalties and five years in prison. The only way to avoid these consequences is to fight the charges and get them dismissed. In addition to the obvious legal penalties of a DUI, you face an uphill battle when it comes to rebuilding your commercial driving career. You’ll almost certainly be fired after your conviction, since you cannot drive commercially for a full year. Even once you get your CDL back, you may find it difficult to get a job. Most trucking companies choose not to hire drivers with DUIs on their record. Regardless of where you were in your career before your conviction, you are likely to find yourself with less seniority and at a lower pay rate once you get your license back.
Unlawful traffic stop: We may seek to prove an officer pulled you over without probable cause or reasonable suspicion that you were committing a crime.
Unlawful search and seizure: We may establish that the officer conducted an unlawful search of your vehicle during a traffic stop, and any resulting evidence should be ruled inadmissible.
Unreliable field sobriety test results: Though you are not required to perform any field sobriety tests, you may have done so during a traffic stop. We will seek to prove that these tests are unreliable in establishing impairment.
Inaccurate chemical test results: We may find evidence that suggests the results of a breath, blood, or urine test are inaccurate. For example, we may learn the police station’s breath test machine was not properly maintained and calibrated. If the evidence weighs heavily against you, we may recommend steps to obtain the minimum consequences upon conviction.
First Offense
If you were charged with a first drunk driving offense, you need to contact an experienced DUI attorney to help you through each stage of the case. Many individuals charged with a first-time offense of driving under the influence (DUI) will qualify for the Accelerated Rehabilitative Disposition (ARD) program, or would benefit from the help of a lawyer fighting for them to have their charges reduced or dropped entirely. A lot is on the line when you’re faced with a criminal charge, and as such, you need the assistance of an experienced DUI attorney.
A first DUI offense in PA involving a BAC (blood alcohol content) of 0.08% to .099% is an ungraded misdemeanor.
For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- Six months of probation
- $300 in fines
- Completion of alcohol highway safety school
- Alcohol or drug treatment, if ordered
- No driver’s license suspension
A first DUI involving a BAC of .10% to .159% is an ungraded misdemeanor. For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- At least 48 hours in jail (although the court can impose up to six months)
- A fine between $500 and $5,000
- Successful completion of alcohol highway safety school
- Completion of alcohol or drug treatment, if ordered
- A driver’s license suspension of 12 months
A first DUI involving a BAC of .10% to .159% is an ungraded misdemeanor. For a first DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- At least 72 hours in jail (although the court can impose up to six months)
- Fines between $1,000 and $5,000
- Alcohol highway safety school
- Alcohol or drug treatment, if ordered
- 12 months’ license suspension
Second Offense
A second offense DUI in Pennsylvania is a serious charge with potentially severe penalties. In addition to jail time, fines, and drug and alcohol treatment, you will be facing a lengthy license suspension period and mandatory installation of an ignition interlock. These additional requirements carry separate rules and costs that will affect you long after your DUI case has ended.
People often assume that nothing can be done to improve a second DUI charge. However, that is not the case, and at Pinnacle Legal Services, our lawyers know that entering a guilty plea for many clients is not an option. There are ways to resolve a second – time DUI charges favorably, and we will make every effort to avoid a criminal conviction on your record.
Pennsylvania’s system for punishing DUI offenses is largely determined by your BAC at the time of arrest and whether you have previous DUI convictions on your record.
A second DUI involving a BAC of .08 to .099% is an ungraded misdemeanor. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- At least 5 days in jail (although the court could sentence up to 6 months in jail);
- Pay a fine between $300 to $2,500;
- Successfully complete the alcohol highway safety school;
- Complete alcohol or drug abuse treatment, if ordered;
- Install an ignition interlock for 12 months; and
- 12 months license suspension
A second DUI involving a BAC ranging from .10 to .159% is an ungraded misdemeanor. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- At least 30 days in jail (although the court could sentence up to 6 months in jail);
- Pay a fine between $750 to $5,000;
- Successfully complete the alcohol highway safety school;
- Complete alcohol or drug abuse treatment, if ordered;
- Install an ignition interlock for 12 months; and
- 12 months license suspension
A second or subsequent DUI involving a BAC of .16% or higher is considered a misdemeanor of the first degree. For a second DUI in Pennsylvania with this BAC, the mandatory minimum sentence is:
- At least 90 days in jail (although the court could sentence up to 5 years in prison);
- Pay a fine between $1,500 and $10,000;
- Successfully complete the alcohol highway safety school;
- Complete alcohol or drug abuse treatment, if ordered.
- Install an ignition interlock for 12 months; and
- 18 months license suspension.
Pennsylvania law mandates a driver’s license suspension for a second DUI conviction be as follows:
- If the driver’s BAC was below .10% and incapable of safely driving, the license suspension will usually be for 12 months for a second or subsequent offense;
- If the driver’s BAC was greater than or equal to .10%, but less than .16%, involved an accident or injury, involved a minor with a BAC equal to or greater than .02%, or involved certain commercial or school bus drivers, the license suspension will usually be for 12 months for a second or subsequent offense;
- If the driver’s BAC was greater than or equal to .16%, involved a refusal, or involved driving under the influence of a controlled substance, the license suspension will be for 18 months for a second or subsequent offense.
Third Offense
Pennsylvania treats repeat DUI offenders seriously and punishes them harshly. If you have been charged with three or more DUI offenses in Pennsylvania, you may be subjected to some of the most severe DUI penalties possible. In addition to hefty fines, you will be sentenced to prison at a state facility, not a local jail. You’ll face a lengthy driver’s license suspension and installation of an ignition interlock in your car once you can drive again. To prevent a third DUI or subsequent DUI conviction, you need to contact a third DUI attorney as soon as possible.
A third DUI involving a BAC between .08% and .099% is a second-degree misdemeanor, punishable by:
- Between 10 days in jail and up to 2 years in prison
- Fines between $500 and $5,000
- 12 months of an ignition interlock device
- 12-month license suspension
- Alcohol highway safety school
- Alcohol or drug abuse treatment, if court-ordered.
A third DUI with a high BAC is a first-degree misdemeanor, punishable by:
- Between 90 days in jail and up to 5 years in prison
- Between $1,500 and $10,000 in fines
- 12 months of an ignition interlock device
- 18-month license suspension
- Alcohol highway safety school
- Alcohol or drug abuse treatment, if court-ordered.
A third DUI involving a highest BAC is a felony, punishable by:
- Between 1 and 5 years in prison
- Fines between $2,500 to $10,000
- 12 months of an ignition interlock device
- 18-month license suspension
- Alcohol highway safety school
- Alcohol or drug abuse treatment, if court-ordered.
Fourth and Subsequent DUI
A fourth or subsequent DUI involving general impairment is a second-degree misdemeanor, punishable by:
- Between 10 days in jail and up to 2 years in prison
- Fines between $500 and $5,000
- 12 months of an ignition interlock device
- 12-month license suspension
- Alcohol highway safety school
- Alcohol or drug abuse treatment, if court-ordered.
A fourth or subsequent DUI with a high BAC is a felony, punishable by:
- Between 1 and 5 years in prison
- Fines between $2,500 and $10,000
- 12 months of an ignition interlock device
- 18-month license suspension
- Alcohol highway safety school
- Alcohol or drug abuse treatment, if court-ordered.
What happens to my license?
Pennsylvania law mandates a driver’s license suspension for certain DUI convictions, but the details of such a consequence depend on various factors, including your BAC while driving, other traffic convictions at the time of a guilty plea, a DUI test refusal, or whether you were under the influence of any controlled substances.
If convicted of a first-time DUI in PA, you face the following driver’s license suspension terms:
- No suspension if your BAC was below .10%
- A 12-month license suspension if your BAC was greater than or equal to .10%, and less than .16%; if your minor son or daughter had a BAC greater than or equal to .02%; or if you were a commercial driver or school bus operator
- A 12-month license suspension if your BAC was greater than or equal to .16%; if you refused a chemical test, or you were convicted of driving under the influence of a controlled substance
Accelerated Rehabilitative Disposition
The Accelerated Rehabilitative Disposition (ARD) Program is a diversionary program available in all sixty-seven Pennsylvania counties. The program is available to most first-time offenders and others with limited criminal records. Under the terms of ARD, defendants can avoid mandatory jail time, and upon completion of ARD, the defendant can petition to expunge his or her case. It essentially allows a defendant to have a “fresh start” and avoid having a criminal record.
Although many types of criminal cases proceed into ARD, the overwhelming majority of ARD cases involve DUI offenses.
Under the ARD program, the court will impose a driver’s license suspension for offenders based on certain blood alcohol concentration (BAC) ranges and whether any controlled substances were in the person’s blood. The suspensions are as follows:
- No suspension if your BAC is less than .10%
- A 30-day suspension if your BAC was .10% to less than .16%
- A 60-day suspension if your BAC is .16% or above, drugs found in blood test, you refused chemical testing, or the DUI involved bodily injury or a vehicle accident
Underage DUI
Anyone under the age of 21 who is caught driving with alcohol in their system can be charged with DUI. This makes Pennsylvania a “Zero Tolerance” state. This means that an underage DUI comes with very severe penalties on top of any penalties that may be imposed for underage drinking. If you, your child or a loved one has been charged with Underage DUI, it is imperative you hire a qualified DUI Lawyer to protect his or her rights and future.
Under Pennsylvania law, it is illegal for any minor to drive with any measure of alcohol in his or her system. However, there is a legal limit defined in Pennsylvania Code Title 75 Section 3802(e). This part of the code states that a minor may not drive, operate, or be in actual physical control of the movement of a vehicle with a blood or breath alcohol (BAC) level of .02%.
A minor can be charged with underage DUI whether or not the legal level is reached. A BAC of .02% or greater qualifies a minor to be punished under a DUI section with more severe penalties. A minor can also be prosecuted under the drugged driving section.
Any person under the age of 21 years old can be arrested for DUI if there is a blood-alcohol level of .02% in their body. The reading is so low that essentially any measurable amount of alcohol can lead to a conviction for DUI. The young person can also be charged with DUI even if he or she refuses to submit to a breath, blood or urine test.
A minor for DUI purposes is considered anyone under the age of 21 years old. Young people who are under 18 are prosecuted in the juvenile justice system. A young person charged with DUI who is over 18 but under 21 will be prosecuted in adult court.
Pennsylvania Underage DUI Penalties
An underage DUI conviction could stay on your record permanently. Additionally, a minor does not have to be over a .02% BAC to be found guilty of DUI.
Since the legal drinking age in Pennsylvania is 21, there are two different categories of penalties for underage DUI offenders. One category is for juvenile offenders 17 and under, and the other category is for adult offenders 18-20 years old. The penalties an underage DUI offender faces, if convicted, include the following:
Juvenile Underage DUI – 17 or younger
- Probation
- Alcohol education and/or treatment
- Juvenile Institutional Commitment
- Fine
- 6-month license suspension
Adult Underage DUI: 18 – 20 years old
First Offense:
- 48 hours to 6 months in jail;
- $500-$5,000 fine;
- Alcohol highway safety school;
- Alcohol and/or drug treatment;
- 12-month license suspension
Second offense:
- 30 days to 6 months in jail;
- $750 – $5,000 fine;
- Alcohol highway safety school
- Alcohol and/or drug treatment
- 12-month license suspension
- Installation of Ignition Interlock
If you or your child is over 18, he or she may qualify for the Pennsylvania Accelerated Disposition Program. Any defendant who successfully completes ARD is entitled to have his or her record expunged. Your attorney will be able to help you determine what the best outcome can be.
Drug DUI
If you are arrested and charged with a DUI offense from driving under the influence of a controlled substance, you can receive very harsh penalties if convicted. You can be convicted of DUI even if you are not technically “impaired” so long as there is a trace of an illegal drug in your system. Pennsylvania law imposes the same category of punishments as drivers with the highest blood alcohol concentration (BAC) level.
Pursuant to 75 Pa. Const. Stat. § 3802(d), an individual can be charged with the criminal offense of driving under the influence (DUI) if they have actual physical control of the movement of a vehicle in any of the following situations:
- The driver has any amount of a Schedule I controlled substance in his blood, as defined in the Pennsylvania Controlled Substance, Drug, Devise and Cosmetic Act (35 P.S. §§ 780101 – 780-144);
- The driver has any amount of a Schedule II or Schedule III controlled substance in their blood, as defined in the Controlled Substance, Drug, Devise and Cosmetic Act, which has not been medically prescribed for the individual; or
- The driver has any amount of the metabolite of a Schedule I, Schedule II, or Schedule III controlled substance in their blood.
It is important to note that drugs like marijuana can remain in your blood system for up to 30 days. It is illegal to drive with any lingering metabolites of marijuana, even if you originally consumed the drug in a state where it is legal. As more and more states decriminalize marijuana, it is imperative to be aware of the laws still in effect in Pennsylvania.
Penalties for a Drug DUI
A first DUI involving a controlled substance is an ungraded misdemeanor. If a driver is convicted of a first drugged DUI offense, the mandatory minimum sentence is:
- At least 72 hours in jail (although the court could impose up to 6 months in jail);
- Fines ranging from $1,000 to $5,000;
- Successful completion of an alcohol highway safety course;
- Successful completion of alcohol or drug treatment;
- 12 months license suspension
- At least 90 days in jail (although the court could sentence up to 5 years);
- Fines ranging from $1,500 and $10,000;
- Successful completion of the alcohol highway safety course;
- Successful completion of alcohol or drug treatment;
- 18-month license suspension;
- Installation of ignition interlock
A third DUI involving a controlled substance is a misdemeanor of the first degree under Pennsylvania law. If an individual is convicted of a third or subsequent DUI drug offense, the mandatory minimum sentence is:
- 1 year in prison (although the court could sentence up to 5 years);
- Fines ranging from $1,500 and $10,000;
- Successful completion of the alcohol highway safety course;
- Successful completion of alcohol or drug treatment;
- 12-month license suspension
- Installation of Ignition Interlock
DUI with a Commercial Drivers License
Some CDL drivers are caught off-guard by the lower CDL legal limit for a DUI. Most Pennsylvania drivers face DUI charges with a BAC of 0.08 or higher. However, commercial drivers are considered impaired if they have a BAC of 0.04 or higher. Standards are even higher for those who drive a school bus. School bus drivers with a level of 0.02 or higher are considered highly impaired.
The standards for CDL holders don’t just apply to when they are in company vehicles. Commercial drivers are expected to hold themselves to a higher standard even when they are driving their personal vehicles, as the choice to drive while impaired may reflect poorly on a driver’s judgment and trustworthiness. The legal penalties are stiff for CDL drivers convicted of DUI , One of the first questions CDL holders ask is, “Do you lose your CDL if you have a DUI?” Your first CDL leads to a 12-month revocation of your license. If you get a second DUI with a CDL, you lose your commercial license permanently. Some drivers accept ARD, only to find out that they still lose their license for a full year. We frequently hear, “How do I get my CDL back after a DUI?”
Unfortunately, once convicted, you typically have to wait the full year before you can drive commercially again. State-level and federal CDL DUI laws are designed to keep unsafe drivers from being in control of commercial vehicles.
On top of losing your license, you face fees and potential jail time with a DUI conviction. Since legal limits are lower for commercial drivers than for personal drivers, you can expect your fees and jail sentence to be higher than they would be if you did not have a CDL.
First-time conviction fines range from $500 to $5,000, and you could spend up to six months in jail. Subsequent convictions, in addition to causing a lifetime CDL revocation, can cost you up to $10,000 in penalties and five years in prison. The only way to avoid these consequences is to fight the charges and get them dismissed. In addition to the obvious legal penalties of a DUI, you face an uphill battle when it comes to rebuilding your commercial driving career. You’ll almost certainly be fired after your conviction, since you cannot drive commercially for a full year. Even once you get your CDL back, you may find it difficult to get a job. Most trucking companies choose not to hire drivers with DUIs on their record. Regardless of where you were in your career before your conviction, you are likely to find yourself with less seniority and at a lower pay rate once you get your license back.
