Driving under the influence of alcohol can be dangerous in any scenario. However, it can be particularly so when you are driving commercial vehicles, such as a semitruck or bus. For this reason, charges of driving under the influence while operating a commercial vehicle in North Dakota can often mean losing your commercial driver’s license (CDL).
If you hold a CDL, it’s essential to understand how a DUI charge could impact that license — and your livelihood.
Commercial Driver’s License Regulations
Possession of a CDL is regulated by the Uniform Commercial Driver’s License Act, which is a federal statute that the North Dakota legislature has fully implemented. This act determines what drivers need to do to obtain a CDL and when the government can revoke it.
Getting convicted of a DUI is one of the reasons that the state can revoke your license. Typically, if you are convicted of a DUI, your CDL may be revoked for a year. However, it may be revoked for as long as three years if you were also carrying hazardous waste when you were under the influence.
This is the penalty for a first offense. If you are convicted of a second offense, your license may be revoked indefinitely, which can be devastating for anyone who makes a living driving commercial vehicles.
Charges vs. Conviction
A charge does not equal a conviction. Driving under the influence is a criminal offense that can result in jail time or significant fines, but these penalties can only be applied if you are convicted of a crime.
However, the removal of your license is not a criminal penalty. This means that you can potentially have your license revoked even if you are never convicted of any criminal offenses.
Revoking a license can happen through an administrative hearing. During that hearing, a hearing officer can determine whether you refused to submit to a BAC test or whether you were driving under the influence of alcohol.
Unfortunately, this hearing is not a trial. This means that you are not protected by Constitutional rights that you depend on to avoid being unfairly penalized by the government.
Still, you do have the right to be represented by a DUI defense lawyer during this hearing. The team at Heartland Law Office PC has extensive experience handling administrative hearings and protecting the rights of truck drivers in North Dakota.
Different Standards for DUI Charges
Keep in mind that you may face different standards for being charged with a DUI because you possess a CDL. If you are driving a noncommercial vehicle, the typical standards apply. Your BAC must exceed 0.08% for you to be charged with a DUI.
But if you are driving a commercial vehicle, that standard can change. You can be charged with a DUI for driving with a BAC higher than 0.04%. Regardless of what standard was applied, though, you can lose your CDL as a result of the administrative hearing in either case.
Determining Whether an Offense Qualifies as a Second Offense
There are certain limits to determining whether something qualifies as a second offense under North Dakota law. If your first offense was before July 1, 1989, a second offense would only be penalized as a first offense. Thus, you would receive a one- to three-year revocation of your CDL rather than a lifetime loss.
Similarly, if your only previous offense was committed while operating a noncommercial vehicle, offenses before August 1, 2003, generally don’t count. Both of these clauses are only significant if you have been driving for over 20 years.
Restoring Your CDL
If your CDL was revoked after a first offense and the period of suspension has passed, getting your license restored is relatively simple. You need to pay a $100 fee, get evaluated for chemical dependency, and complete an SR-22.
If you refused a chemical test before losing your license, you may also probably need to pass your CDL test again. The experienced legal team at our law firm can help you get your license restored.
Contact Heartland Law Office PC After a DUI Charge in North Dakota
The team at Heartland Law Office PC understands that your CDL is how you make a living. Even a one-year suspension could put you in financial distress you might never recover from.
Don’t wait after being charged with a DUI. Contact us right away to speak to a dedicated DUI defense attorney about protecting your CDL.