Driving a commercial vehicle is a difficult endeavor and requires specialized training and licensing. Furthermore, once granted a Commercial Driver’s License (CDL), those who drive commercial vehicles are also held to a higher standard than other motorists, so what would amount to a relatively minor traffic violation for a regular driver, could represent a serious offense for a CDL holder. The penalties for violating a CDL provision also tend to be severe, so if you drive a commercial vehicle and your CDL has been suspended, you should call a dedicated Will County CDL violations defense lawyer who can help protect your legal interests.
Legal BAC Limits
Under Illinois law, a driver is considered to have been driving under the influence if he or she has a blood alcohol concentration (BAC) of .08 percent or more. The illegal BAC limit for CDL holders, however, is much lower, at .04 percent. Any commercial drivers who are found to have any alcohol in their system whatsoever, no matter how small the amount, will automatically be placed out of service for at least a day.
The Illinois Secretary of State imposes a penalty of a one-year disqualification of a driver’s CDL privileges if:
- The driver submits to and fails a test
- The driver refuses to submit to a BAC test
The same one year disqualification period is imposed on drivers who are found guilty of or who plead guilty to a criminal charge of driving under the influence. This is true regardless of the sentence passed down by a judge. Finally, the same penalty applies to anyone who is convicted of driving a commercial vehicle after the unlawful use or consumption of cannabis, or other controlled substance.
Enhanced Penalties
CDL holders also face more serious penalties if they fail or refuse to take a BAC test, or are convicted of driving under the influence if they were transporting placarded hazardous materials at the time of arrest. In these cases, a driver will be disqualified for at least three years. Commercial vehicle drivers who commit two or more alcohol-related violations (arising from two or more incidents) will, on the other hand, be disqualified for life.
Applying for a Driving Permit While Suspended
CDL holders can apply for a Monitoring Device Driving Permit (MDDP) during their period of suspension, which if granted, will allow them to drive 24 hours a day, seven days a week until their suspension is lifted. These permits, however, are only valid for regular driving privileges, as the Secretary of State doesn’t offer a permit for CDL privileges. In fact, both state and federal law prohibits the granting of CDL privileges during a period of suspension.
Do You Need the Help of a Will County CDL Violations Defense Attorney?
It is possible to challenge the suspension of a commercial driver’s license, so if you were arrested for driving under the influence or have been accused of committing another CDL violation, please call the Law Office of Patricia Magana, LLC to speak with an experienced Will County CDL violations defense lawyer about your legal options. You can reach a member of our Will County legal team by calling our office at 630-448-2001 today.
Source:
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K6-514