Those who hold a commercial driver’s license are held to a higher standard than the average motorist. Understandably, the law expects people who are operating an 80,000-pound vehicle or transporting hazardous materials to be even more vigilant behind the wheel than people operating a passenger vehicle. A CDL holder can be convicted of DUI with a lower BAC than his/her non-CDL counterpoint. Furthermore, your CDL license can be in jeopardy for a DUI charge that stems from operating a noncommercial vehicle.
For the average motorist, a blood alcohol content, or BAC, of 0.08 or above qualifies as driving under the influence. If you hold a CDL and are operating a commercial motor vehicle, or CMV, you can be charged with DUI with a BAC as low as 0.04. Moreover, your driving privileges will automatically be administratively suspended if you registered a 0.04 on a breathalyzer or you refuse to submit to a breathalyzer. You do have the right to contest the suspension by requesting a hearing but you must do so within 10 days of the arrest.
Commercial Driver DUI Penalties in Omaha
If you are convicted for a first-time DUI, you will be disqualified for a CDL for one year. If you were operating a CMV that was transporting hazardous materials requiring placards you will be disqualified for three years. A second offense will disqualify you for life. In addition, while the average driver may be eligible for an “Ignition Interlock Permit”, or IIP, during at least a portion of the suspension period, a motorist who holds a CDL is not eligible for a restricted license to operate a CMV.