CDL Holder Facing DUI in Michigan

CDL Holder Facing DUI in Michigan

A CDL holder facing DUI in Michigan can have more consequences than other drunk driving cases since the driver holds a special license to operate a commercial vehicle.

Drivers of commercial motor vehicles weighing in excess of 26,001 pounds are required to have a commercial driver’s license (CDL).

In the event a holder of a CDL is operating a qualifying vehicle and is stopped by police after consuming alcohol for a possible drunk driving and receives a drunk driving charge, a number of concerns arise.

A CDL holder facing a DUI charge will be placed out-of-service for 24 hours if he/she:

  • Refuse to take a preliminary breath test (PBT)

  • Consume alcohol within four hours prior to operating a commercial motor vehicle

  • Consume alcohol while operating a commercial motor vehicle

  • Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

If a CDL holder DUI charges with commercial drivers license consumes alcohol and operates a commercial motor vehicle, they may be charged with the following as a result of a conviction:

  • Operating with an unlawful bodily alcohol level (UBAL) of .10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

  • Operating under the influence of liquor (OUIL)

  • Operating while impaired (OWI) when your BAC is more than .07 but less than .10 grams per 100milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

  • Operating with a BAC of .04 – .07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

  • OUIL, OWI or UBAL causing death or serious injury

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First Offense DUI Drunk Driving
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Michigan Mandatory Licensing Sanctions

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michigan DUI Court Process

CDL HOLDER FACING DUI – IMPLIED CONSENT REFUSAL

If a CDL holder facing DUI charges refuses to take a chemical test under Michigan’s Implied Consent law or is convicted of any of the alcohol offenses listed above, their CDL will be:

  • Suspended for one year for a first offense, or three years if transporting hazardous materials; and,

  • Revoked for a minimum of ten years for a second or third offense.

The most important point to keep in mind for a CDL holder facing DUI charges in Michigan is that any drunk or drugged driving conviction committed while operating a noncommercial vehicle will be treated just the same as if the driver was operating a commercial motor vehicle at the time of the offense. In essence, this means that a CMV operator under such circumstances will be prohibited from legally driving his CMV for 1 year.

HIRE AN EXPERIENCED DRUNK DRIVING OWI / DUI LAWYER IF YOU ARE A CDL HOLDER FACING DUI CHARGES

So, if you are a CDL holder facing DUI charges, you are encouraged to send the specifics of your situation online or call Attorney Edward Earl Duke directly at 248-409-0484.

Click Here to Contact Edward Earl Duke

Our Location

180 High Oak Road, Suite 205

Bloomfield Hills, MI 48304

(248) 409-0484

 

Summary
CDL Holder facing DUI
Article Name
CDL Holder facing DUI
Description
If you are a CDL holder facing DUI in Michigan, you may be looking for additional information about what you can expect from the charges to the courtroom procedures.
Author
Duke Law Group