Maryland CDL DUI Lawyer
DUI cases in Maryland can have a huge effect on an individual’s ability to keep and maintain their CDL. A probation before judgment doesn’t hide a conviction for purposes of a commercial driver’s license. That means that on a commercial driver’s license holder’s first DUI offense, they get probation before judgment and it doesn’t get reported to the Motor Vehicle Association as a conviction, but their CDL still gets suspended for a year. The only possible outcome that does not result in automatic suspension of a CDL is the lesser offense, driving while impaired, or 21-902(d)(1). That only carries eight points and doesn’t mandate CDL suspension. It is very important for commercial driver’s license holders in Maryland to seek a Maryland CDL DUI lawyer who understands the best way to protect their rights and driving privileges.
Furthermore, for those with a commercial driver’s license (CDL) there is a huge difference in the impact of a DUI. A commercial driver’s livelihood is on the line with a DUI, even a first offense. The federal motor carrier regulations dictate that states cannot mask DUI convictions. Contact a Maryland CDL DUI lawyer who is knowledgeable about how DUIs impact a CDL in Maryland.
How Can a Maryland CDL DUI Lawyer Help
Most importantly, a Maryland CDL DUI lawyer can try to get them out of the case, meaning they can try to get the case dismissed. If that is not an option based on the facts of the case, then they can try to mitigate or present the case in such a way that the state is willing to go with the lesser offense, the impaired driving rather than the under the influence, which will reduce the length of time for which the CDL is suspended.
The presentation of mitigation is very important, not just to the judge, but to the State’s Attorney as well. An Maryland CDL DUI attorney can file all the appropriate demands, requiring the presence of the breath technician, or the chemist in case of blood draws, try to keep those out of the court proceedings, and make the under the influence case more difficult for the state to prove.
Probation Before Judgement for CDL DUIs
In Maryland, a first offense DUI where a person receives probation before judgment (PBJ) will still cause their CDL to be suspended for one year. That is an important benefit of probation before judgment. With a probation before judgment, a conviction isn’t entered and points are not assessed, which means that if you’re a New Jersey licensee, New Jersey isn’t notified that you were convicted of a DUI in Maryland. It doesn’t give you 12 points on your license, and, generally, your insurance rates don’t go up.
If you’re a Maryland licensee, our MVA isn’t notified of a conviction, meaning you don’t get points and your insurance rates don’t go up. From the driver’s license point of view, it’s as if it didn’t happen.
However, if you’re a commercial driver who gets a DUI and you get probation before judgment, that will still show, still give you 12 points, and it will cause your CDL to be suspended for a year.
The federal motor carrier regulations say that DUI convictions can’t be masked. They don’t say that DWI convictions can’t be masked, meaning that a DWI conviction doesn’t trigger an automatic suspension of your commercial driver’s license. The eight-point lesser offense for a CDL holder means that there’s no mandatory suspension of the CDL. If you have a commercial driver’s license, it’s very important to have an experienced Maryland CDL DUI lawyer who understands DUI and how it works with your CDL. That’s just one of the differences; with a DWI, there’s no mandatory one-year suspension of the CDL like there is with a DUI.
Impact of DUI Charges on a CDL
In the United States, someone is innocent until proven guilty. An individual’s employer may decide to let them go based on being charged, but they won’t lose their CDL until they’re actually convicted.
As a Maryland CDL DUI lawyer can tell you, on the MVA side, a CDL holder has an administrative penalty just like any other driver when they’re charged with a DUI. For a DUI where they blow a .08 to a .14, it’s a 45-day suspension. CDL licenses, unfortunately, are not modifiable.
A non-CDL holder can get a 45-day work permit. A CDL holder can get that as well, but it won’t authorize them to operate a commercial motor vehicle, meaning they can’t use their CDL for the period of suspension. A non-CDL holder faces a 270-day license suspension or a year with an ignition interlock in their car for refusing the breath test.
If a CDL holder refuses to do a breath test, they face that same 270-day suspension of their regular license, but the Federal Motor Carrier regulations will require a one-year suspension of their CDL as well. Refusals are a lot tougher on CDL holders. There is also no interlock available for commercial motor vehicles, meaning that if an individual has refused to do the breath test and they hold a CDL, they will not be driving a commercial vehicle for a period of a year. If you have been charged with a DUI and you want to know what the consequences may be, call to schedule a free consultation with a Maryland CDL DUI lawyer.
Impact of DUI Conviction on a CDL
If they are convicted of a DUI that triggers an additional one-year suspension of their commercial driver’s license. If they’re convicted of DWI, that doesn’t automatically trigger the same penalties. If there’s probation before judgment for an impaired driving offense, that’s a better scenario.
They are basically treated like everyone else, but the penalties are a lot harder on the CDL holder because the Federal Motor Carrier regulations mandate that an individual can’t hide their DUI behind the probation before judgment.
Restricted Licenses in Maryland CDL DUI Cases
There are no restricted licenses for CDL holders. It’s very tough on CDLs. CDL suspensions are not modifiable, which means that they can get a work permit but it doesn’t authorize them to use a commercial motor vehicle. It is very important for commercial driver’s license holders to seek counsel right away, because if there is any way to beat the case then it’s very important for their livelihood that that be found and taken.
Long Term Consequences of CDL DUIs
It becomes difficult to impossible to find employment. Multiple convictions can result in permanent bans from holding a commercial driver’s license. That could result in catastrophic implications for a CDL holder’s ability to work. Many transportation companies aren’t going to hire individuals who have multiple DUIs to operate commercial vehicles. Multiple convictions can result in permanent disqualification for CDL holders.