Driving under the influence, or DUI, is a serious offense in any state, but for commercial drivers in West Virginia, the consequences can be even more severe. Holding a commercial driver’s license, also known as a CDL, carries higher responsibility, and with that responsibility comes stricter rules and penalties. For those who rely on their CDL for their livelihood, being charged with a DUI can have life-changing consequences. It is important to understand what can happen if you are a commercial driver charged with a DUI in West Virginia. At, The Wagner Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
A DUI charge means that you are accused of driving while impaired by alcohol or drugs. In West Virginia, there are strict limits on how much alcohol you can have in your system while driving. For non-commercial drivers, the blood alcohol concentration (BAC) limit is 0.08 percent. However, for those with a CDL, the limit is much lower at 0.04 percent. This means that even a small amount of alcohol can lead to a DUI charge if you are operating a commercial vehicle. If you are off-duty and driving your personal vehicle, the same DUI limits apply as for regular drivers. However, the consequences can still affect your CDL status.
Immediate License Suspension
One of the most immediate consequences of a commercial DUI charge is the suspension of your CDL. In West Virginia, if you are arrested for DUI, your license can be suspended before you even go to court. This is because West Virginia has administrative penalties that are separate from the criminal charges you may face. If you are charged with a DUI and have a commercial license, you can lose your driving privileges for a certain period right away. For a first offense, you may face a one-year suspension of your CDL, even if you were not driving a commercial vehicle at the time of your arrest. This means that you will not be able to drive a commercial vehicle for an entire year, which can make it difficult to continue working.
Defending West Virginia Residents for over 24 Years
Harley Wagner
Fines and Jail Time
In addition to losing your CDL, a commercial DUI conviction can also result in hefty fines and even jail time. The penalties for a first-time DUI offense in West Virginia can range from fines to a possible jail sentence of up to six months. The amount of the fine will depend on several factors, including the level of impairment and whether there were any other aggravating circumstances, such as an accident or injuries. However, even for a first offense, the financial burden of a DUI conviction can be significant. The fines, court costs, and attorney fees can add up quickly, making it a costly mistake.
If you are convicted of a second DUI offense, the penalties become even harsher. A second offense can result in a longer jail sentence, higher fines, and a longer suspension of your CDL. In some cases, you may lose your CDL for life. The strict penalties reflect the seriousness with which West Virginia treats DUI charges, especially for those with a commercial license. Commercial drivers are held to higher standards because of the potential danger they pose if they drive while impaired.
Impact on Employment
A DUI conviction can have long-term consequences for your career. Most commercial drivers rely on their CDL for their job. If you are convicted of a DUI, you may not be able to work as a commercial driver for a year or more. Even after your CDL is reinstated, finding a job can be challenging. Many employers are hesitant to hire drivers with a DUI conviction on their record. This is because companies may worry about liability and the potential risks of hiring someone with a history of impaired driving. Even if you are able to keep your job after a DUI conviction, your employer may impose additional penalties or require you to complete a substance abuse program.
Losing your CDL can affect more than just your job. For many commercial drivers, their CDL is their livelihood, and without it, they may struggle to support themselves and their families. This is why it is crucial to take DUI charges seriously and to understand the potential consequences before making any decisions. A DUI conviction can follow you for the rest of your career, making it harder to find work and limiting your opportunities in the future.
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
Insurance Costs
Another significant consequence of a DUI conviction for commercial drivers is the impact it can have on your insurance rates. After a DUI, you may be considered a high-risk driver, which means that your insurance premiums could increase dramatically. Commercial driving companies are required to carry insurance, and if you are a driver with a DUI conviction, your employer’s insurance costs may also go up. In some cases, companies may decide to terminate a driver’s employment rather than pay the higher insurance premiums.
For drivers who own their own commercial vehicles, the cost of insurance after a DUI can be even more burdensome. Some insurance companies may refuse to insure drivers with a DUI conviction, making it difficult to get back on the road even after your license is reinstated. This can have a long-term impact on your ability to work as a commercial driver, as high insurance costs can make it financially unfeasible to continue driving.
Additional Penalties for Hazardous Materials Drivers
If you have a commercial driver’s license with a hazardous materials (hazmat) endorsement, the penalties for a DUI conviction can be even more severe. Drivers with a hazmat endorsement are held to the highest standards of safety because they are responsible for transporting dangerous materials. If you are convicted of a DUI while holding a hazmat endorsement, you may lose that endorsement for an extended period or even permanently. This can severely limit your employment options, as many commercial driving jobs require a hazmat endorsement.
Losing your hazmat endorsement can have a significant impact on your earning potential, as jobs that require this endorsement often pay higher wages. Without it, you may find it difficult to compete for certain driving jobs or to earn the same income as before. The additional penalties for hazmat drivers reflect the serious nature of the work and the importance of maintaining the highest standards of safety.
What are the penalties for a DUI conviction? What happens if I'm arrested for a first DUI?Related Videos
The Impact of Refusing a Chemical Test
In West Virginia, all drivers, including commercial drivers, are subject to the state’s implied consent law. This means that by holding a driver’s license, you are agreeing to submit to a chemical test, such as a breath or blood test, if a law enforcement officer suspects you are driving under the influence. If you refuse to take a chemical test, you may face additional penalties, including an automatic suspension of your driver’s license.
For commercial drivers, refusing a chemical test can result in a longer suspension of your CDL. Even if you are not convicted of a DUI, refusing a chemical test can lead to the loss of your commercial driving privileges for up to a year or more. This can make it even harder to continue working as a commercial driver and can add to the financial and personal consequences of a DUI arrest.
How to Protect Your Future
If you are a commercial driver facing a DUI charge in West Virginia, it is essential to understand your rights and the potential consequences of a conviction. The legal system can be confusing, and the penalties for a commercial DUI can be severe. Taking immediate action is critical to protecting your future and your livelihood. It is important to seek legal representation as soon as possible to help you navigate the legal process and explore your options. A skilled attorney can review the details of your case, challenge evidence, and help minimize the impact of a DUI charge on your life.
Case Results
If you find yourself facing a DUI charge in West Virginia and are unsure of what steps to take, The Wagner Law Firm can help. With their experience in handling commercial DUI cases, they can provide the guidance and support you need during this difficult time. From representing you in court to exploring possible defenses, The Wagner Law Firm will work tirelessly to protect your CDL and your future.
Facing a commercial DUI charge can be overwhelming, but you do not have to go through it alone. The consequences of a conviction can be life-altering, but there are steps you can take to protect your rights and your future. If you are a commercial driver in West Virginia and have been charged with a DUI, contact The Wagner Law Firm today. Their knowledgeable team will fight for you, helping to ensure the best possible outcome for your case. Do not wait until it is too late – reach out to The Wagner Law Firm and get the legal assistance you need to safeguard your livelihood.