An arrest for driving under the influence (DUI) in Illinois while driving a commercial motor vehicle (CMV) presents serious problems for the commercial driver's license (CDL) holder that go beyond those faced by the average motorist.
The Commercial Motor Vehicle Act of 1986 (CMVA) was designed to remove unsafe and unqualified drivers of heavy trucks and buses from the nation's highways, including the highways of the state of Illinois. The CMVA also required the secretary of the U.S. Department of Transportation (USDOT) to issue regulations establishing guidelines and standards for the testing and licensing of CMV drivers.
In addition to establishing testing and licensing standards, CMVA also established 0.04 percent blood alcohol concentration (BAC) as the blood alcohol level at which the driver of a CMV is deemed to be DUI and subject to disqualification sanctions. Most states, including Illinois, have enacted legislation empowering state, county, and municipal law enforcement officers to enforce the 0.04 percent limit. Under implied consent, the state of Illinois requires that drivers operating a CMV or a non-CMV on highways to automatically submit to certain tests to determine their BAC if a law enforcement officer suspects that you are under the influence of alcohol or drugs. If you refuse to refuse to submit a chemical test, you will not be forced to take one. However, you can expect to face stiff penalties for not doing so.
Fagan, Fagan & Davis focuses on Illinois DUI legal defense at courthouses in Cook County, Lake County and DuPage County. The attorneys at Fagan, Fagan & Davis point out that CDL holders face significant penalties in the case of a DUI arrest and first conviction for a Class A misdemeanor, including:
- Court supervision of up to two years,
- DUI alcohol or drug counseling based upon a DUI evaluation,
- DUI Tech Fee $750,
- A $50 Roadside Memorial Fund Fee,
- Fines that can range up to $2,500,
- If your BAC is .16 or greater, a mandatory 100 hours of community service and a mandatory minimum fine of $500,
- If there is a passenger in the vehicle you can be subject to six months in jail or 25 days community service in a program benefitting children; a mandatory minimum $1000 fine and 25 days community service in a program benefitting children; up to a maximum fine of $2,500; if bodily harm to a passenger under the age of 16, a Class 4 felony, minimum of a $2,500 to a maximum fine of $25,000 plus 25 days of community service in a program benefitting children; and a mandatory minimum of 10 days in jail or 480 hours of community service.
Additional penalties for holders of a CDL, include:
- A CDL holder operating a CMV or non-CMV is disqualified from holding a CDL for a minimum 12 months if they refuse to submit to chemical testing or submits to a test with results in excess of the legal limit.
- A CDL holder convicted of DUI is disqualified for a minimum 12 months, regardless of the results of a BAC test.
- A CDL holder is disqualified for a minimum three years if either violation above takes place while transporting placarded hazardous materials.
- A CDL holder is disqualified for life if they commit two of the above violations, arising from two or more incidents.
- A CDL holder found to have any alcohol in his or her system while operating a CMV is placed out of service for at least 24 hours.
- • Anyone convicted of driving a CMV resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act (CCA) or controlled substance listed in the Controlled Substance Act (CSA)will be disqualified for a minimum of 12 months.
The attorneys at Fagan, Fagan & Davis have defended countless clients against DUI charges throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. The attorneys at Fagan, Fagan & Davis understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.