Driving under the influence (DUI) in West Virginia is a serious matter, but when you hold a commercial driver’s license (CDL), the consequences can be even more severe. Your livelihood depends on your ability to drive, and a DUI conviction can put your job and career at risk. In this piece, we will explore the impact of DUI charges on commercial drivers in West Virginia, what to expect if you are charged, and how you can protect your commercial license to continue earning a living. Understanding the laws and regulations that govern commercial driving in West Virginia is important for safeguarding your future. At, The Wagner Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.
The Difference Between a Regular DUI and a Commercial DUI
In West Virginia, the rules for drivers who hold a commercial driver’s license are much stricter than for regular drivers. A regular driver might face DUI charges for driving with a blood alcohol concentration (BAC) of 0.08 or higher, but commercial drivers can be charged with a DUI if their BAC is just 0.04 or more. The laws take a much tougher stance on commercial drivers because of the responsibility they have while on the road, operating large vehicles that can cause significant damage in an accident.
If you are driving a commercial vehicle and are pulled over for suspected drunk driving, you will be held to the 0.04 BAC limit. Even if you are driving your personal vehicle at the time of your arrest, you could still lose your CDL if your BAC is at or above the standard 0.08 limit that applies to regular drivers. It is important to recognize that your CDL is in jeopardy no matter what type of vehicle you were operating at the time of the DUI arrest.
Consequences of a DUI for Commercial Drivers
When a commercial driver is convicted of a DUI in West Virginia, the penalties are not limited to fines or jail time. The most immediate and impactful consequence for a commercial driver is the suspension or revocation of their CDL. This can mean the end of your ability to work in your chosen profession, even for a first offense. For a commercial driver, a DUI conviction can lead to a one-year suspension of your CDL for a first offense. If hazardous materials were involved, this suspension can be extended to three years. For a second DUI conviction, your CDL could be permanently revoked, meaning you would never be able to work as a commercial driver again.
Defending West Virginia Residents for over 24 Years
Harley Wagner
The consequences of a DUI do not stop there. Beyond the suspension or revocation of your CDL, you could also face hefty fines, court costs, probation, and even jail time depending on the circumstances of your case. These penalties can create a financial burden and cause long-term damage to your personal and professional life. A DUI conviction can also lead to an increase in insurance costs, making it more expensive to drive even if you are able to regain your CDL in the future.
What to Do If You Are Charged with a DUI
If you are a commercial driver facing DUI charges in West Virginia, it is important to take immediate action to protect your CDL and your career. One of the first steps is to understand the legal process and what you are up against. You will likely be required to attend a court hearing, where you can present your case and challenge the evidence against you. This is your opportunity to fight the charges and potentially avoid the most severe penalties.
You may also need to request a hearing with the West Virginia Division of Motor Vehicles (DMV) to contest the suspension of your CDL. This hearing is separate from your court case, but it is equally important because it will determine whether or not you will lose your license. It is critical to prepare for this hearing, as it can have a direct impact on your ability to continue working as a commercial driver.
During the legal process, you may have the option to enter a plea or negotiate a settlement with the prosecutor. In some cases, a plea bargain may be offered, which could reduce the severity of the charges and penalties. However, before accepting any plea deal, it is important to fully understand the consequences it could have on your CDL and your career. Even a reduced charge could result in a suspension or revocation of your license, which is why it is important to consider all options carefully.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
How a DUI Charge Affects Your Future Employment
In addition to the legal penalties you face, a DUI conviction can have a lasting impact on your future employment opportunities. Many employers are hesitant to hire commercial drivers who have a DUI on their record because of the increased liability and insurance costs associated with hiring someone with a criminal history. Even if you are able to regain your CDL, finding a job in the industry can become more difficult.
Some employers may have strict policies in place that disqualify drivers with a DUI conviction from being hired or rehired. Additionally, if you are currently employed as a commercial driver, your employer may choose to terminate your employment after a DUI conviction, particularly if your CDL is suspended or revoked. This could leave you without a source of income and facing the challenge of finding new work in a different field.
It is important to think about the long-term consequences of a DUI conviction on your career and take steps to protect your future. The loss of your CDL could have a ripple effect on your ability to find and maintain stable employment in the future.
The Importance of Protecting Your CDL
Your CDL is your livelihood, and protecting it should be a top priority if you are facing DUI charges in West Virginia. Even if you are charged with a DUI in your personal vehicle, the penalties can extend to your commercial license, putting your job at risk. This is why it is crucial to take every step possible to defend your CDL and fight the charges against you.
There are several ways to defend against a DUI charge. In some cases, the evidence against you may be flawed or insufficient to support a conviction. For example, the breathalyzer test used to determine your BAC may have been improperly administered, or the results could be inaccurate. In other cases, you may be able to challenge the legality of the traffic stop itself, arguing that the officer did not have probable cause to pull you over. These defenses can be used to have the charges against you reduced or even dismissed, protecting your CDL in the process.
What are the penalties for a DUI conviction? What happens if I'm arrested for a first DUI?Related Videos
Seeking Legal Help to Defend Against DUI Charges
Defending against a DUI charge in West Virginia can be a complex process, especially when your CDL is on the line. It is important to have legal support to guide you through the process and help you build a strong defense. A DUI conviction can have far-reaching consequences, but with the right approach, it may be possible to avoid the most severe penalties and protect your CDL from suspension or revocation.
An experienced attorney can help you navigate the legal system, challenge the evidence against you, and work to achieve the best possible outcome for your case. Whether you are fighting to keep your CDL or reduce the penalties you face, having a skilled legal advocate on your side can make a significant difference.
Case Results
If you are facing DUI charges in West Virginia and are concerned about the impact on your commercial driver’s license, contact The Wagner Law Firm today. With our help, you can navigate the legal process and take steps to protect your CDL and your future. We understand the challenges that come with DUI charges and the importance of defending your livelihood. Reach out to The Wagner Law Firm for the legal support you need to fight your DUI charges and protect your commercial driving career.