Obtaining a Commercial Driver’s License (CDL) is no easy task. It doesn’t only require you to pay fees but you need to undergo rigorous skills and knowledge tests as well.  In the USA SIMILAR STATE LAW and all states in the US, it is a federal requirement to have minimum standards for the licensing of commercial drivers.  This means that you have to take and pass general knowledge test, passenger transport test, air brakes test, on-road test, basic vehicle control, vehicle inspection test, and other tests for you to be a qualified Commercial Driver’s License holder.  Not to mention that you also need to pass medical documents to ensure that you are able enough to drive a Commercial Motor Vehicle (CMV).

While it’s true that obtaining a CDL requires you to higher driving standards under federal regulations, it is also true that actually maintaining a CDL proves to be a tougher job. Your CDL can be legally suspended for any offense which you commit, regardless of whether the violation was committed while operating a CMV, a motorcycle, or even your own vehicle. In case you were proven to violate traffic or criminal laws, your CDL is subjected to suspension or disqualification and you can even go to jail, depending on your violation.

Commercial Driver’s License violations and its penalties:

The general rule goes that you must not, at any circumstances, drive a commercial motor vehicle (CMV) if your CDL is disqualified for any reason.

MAJOR OFFENSES:

    Driving Under the Influence (DUI) offenses, such as:

        Operating a CMV when your blood alcohol concentration (BAC) is 0.04% or more –   Penalty: You shall be deemed to give your consent to alcohol testing and suspension of your CDL for at least 1 year for the first offense.

        Driving a CMV while under the influence of illegal drugs or controlled substance –  Penalty for first offense: Disqualification of CDL for at least 1 year

        Refusal to alcohol testing – Penalty for first offense: Disqualification of CDL for at least 1 year

        If you have a BAC below 0.04% – Penalty: out-of-service for 24 hours

        Operating a CMV with a suspended, revoked, or cancelled license – Penalty for first offense: Disqualification of CDL for at least 1 year

        Leaving the scene of an accident involving a CMV –  Penalty for first offense: Disqualification of CDL for at least 1 year

        Committing a felony involving a CMV –    Penalty for first offense: Disqualification of CDL for at least 1 year

        Causing a death or fatality due to negligent driving of CMV –  Penalty for first offense: Disqualification of CDL for at least 1 year

According to the Commercial Driver’s License Manual, you will lose your CDL for at least 3 years if the following offenses occurred while operating a CMV that is transporting a load of hazardous materials. And you will lose your CDL for life for a second offense and for committing a felony involving controlled substances while operating a CMV.

MULTIPLE SERIOUS TRAFFIC VIOLATIONS:

    Excessive speeding for 15 mph or more over the speed limit

    Reckless driving

    Driving without obtaining a CDL or without your CDL in your possession.

    Following a vehicle too closely

    Traffic violations committed in a CMV involving a fatal traffic accident

    Operating a CMV without the proper CDL class or endorsement.

*Penalty: You will lose your CDL for at least 60 days for violating 2 serious traffic violations within a 3-year period while driving a CMV. And for at least 120 days for 3 or more serious traffic violations within a 3-year period.

    Failing to stop CMV before reaching the crossing if the tracks are not clear of an approaching train.

    Failing to stop when required.

    Failing to obey a traffic control device or the directions of an enforcement official at the crossing.

    Failing to cross correctly due to insufficient undercarriage clearance.

    Crossing a railroad when there isn’t enough space

*Penalty:

– First offense: 60 days suspension of CDL

– Second offense: 120 days suspension of CDL

– Third offense and additional violations: 1 year suspension of CDL

OUT-OF-SERVICE ORDER VIOLATIONS

Failure to follow an out-of-service order such as failing to take appropriate breaks and rest is subjected to:

– First offense: 90 days – 1 year suspension

*If transporting 16 passengers or more and carrying hazardous materials – 180 days – 2 years suspension

– Second offense: 1 – 5 years suspension

*If transporting 16 passengers or more and carrying hazardous materials – 3 – 5 years suspension

– Third offense and additional violations: 3 – 5 years suspension

COMMERCIAL TRUCK DRIVERS CDL PENALTIES IN TICKET FIXER REPRESENTED  STATES

Obtaining a Commercial Driver’s License (CDL) is no easy task. It doesn’t only require you to pay fees but you need to undergo rigorous skills and knowledge tests as well.  In the USA SIMILAR STATE LAW –  and all states in the US, it is a federal requirement to have minimum standards for the licensing of commercial drivers.  This means that you have to take and pass general knowledge test, passenger transport test, air brakes test, on-road test, basic vehicle control, vehicle inspection test, and other tests for you to be a qualified Commercial Driver’s License holder.  Not to mention that you also need to pass medical documents to ensure that you are able enough to drive a Commercial Motor Vehicle (CMV).

While it’s true that obtaining a CDL requires you to higher driving standards under federal regulations, it is also true that maintaining a CDL proves to be a tougher job. Your CDL can be legally suspended for any offense which you commit, regardless of whether the violation was committed while operating a CMV, a motorcycle, or even your own vehicle. In case you were proven to violate traffic or criminal laws, your CDL is subjected to suspension or disqualification and you can even go to jail, depending on your violation.

Commercial Driver’s License violations and its penalties:

The general rule goes that you must not, at any circumstances, drive a commercial motor vehicle (CMV) if your CDL is disqualified for any reason.

MAJOR OFFENSES:

    Driving Under the Influence (DUI) offenses, such as:

        Operating a CMV when your blood alcohol concentration (BAC) is 0.04% or more –   Penalty: You shall be deemed to give your consent to alcohol testing and suspension of your CDL for at least 1 year for the first offense.

        Driving a CMV while under the influence of illegal drugs or controlled substance –  Penalty for first offense: Disqualification of CDL for at least 1 year

        Refusal to alcohol testing – Penalty for first offense: Disqualification of CDL for at least 1 year

        If you have a BAC below 0.04% – Penalty: out-of-service for 24 hours

        Operating a CMV with a suspended, revoked, or cancelled license – Penalty for first offense: Disqualification of CDL for at least 1 year

        Leaving the scene of an accident involving a CMV –  Penalty for first offense: Disqualification of CDL for at least 1 year

        Committing a felony involving a CMV –    Penalty for first offense: Disqualification of CDL for at least 1 year

        Causing a death or fatality due to negligent driving of CMV –  Penalty for first offense: Disqualification of CDL for at least 1 year

According to the Commercial Driver’s License Manual, you will lose your CDL for at least 3 years if the following offenses occurred while operating a CMV that is transporting a load of hazardous materials. And you will lose your CDL for life for a second offense and for committing a felony involving controlled substances while operating a CMV.

MULTIPLE SERIOUS TRAFFIC VIOLATIONS:

    Excessive speeding for 15 mph or more over the speed limit

    Reckless driving

    Driving without obtaining a CDL or without your CDL in your possession.

    Following a vehicle too closely

    Traffic violations committed in a CMV involving a fatal traffic accident

    Operating a CMV without the proper CDL class or endorsement.

*Penalty: You will lose your CDL for at least 60 days for violating 2 serious traffic violations within a 3-year period while driving a CMV. And for at least 120 days for 3 or more serious traffic violations within a 3-year period.

RAILROAD CROSSING OFFENSES:

    Failing to stop CMV before reaching the crossing if the tracks are not clear of an approaching train.

    Failing to stop when required.

    Failing to obey a traffic control device or the directions of an enforcement official at the crossing.

    Failing to cross correctly due to insufficient undercarriage clearance.

    Crossing a railroad when there isn’t enough space

*Penalty:

– First offense: 60 days suspension of CDL

– Second offense: 120 days suspension of CDL

– Third offense and additional violations: 1 year suspension of CDL

OUT-OF-SERVICE ORDER VIOLATIONS

Failure to follow an out-of-service order such as failing to take appropriate breaks and rest is subjected to:

– First offense: 90 days – 1 year suspension

*If transporting 16 passengers or more and carrying hazardous materials – 180 days – 2 years suspension

– Second offense: 1 – 5 years suspension

*If transporting 16 passengers or more and carrying hazardous materials – 3 – 5 years suspension

– Third offense and additional violations: 3 – 5 years suspension

DRIVING UNDER THE INFLUENCE

Driving under the influence (DUI) or driving while impaired (DWI) or most commonly drunk driving, is a common serious traffic offense in the USA SIMILAR STATE LAW – . It is technically defined as the act of driving while impaired by or under the influence of alcohol and drugs. Note that the drugs part does not only include prohibited drugs but also those recreational drugs usually obtained from popular recreation centers such as bars and clubs. They also included those drugs prescribed by doctors which may cause impairment on the part of the driver in driving properly.

How is it determined?

Just like in most countries, sobriety checkpoints are found every now and then in several places with the aim to apprehending impaired drivers so as to avoid the possibility of road accidents which may be caused by such impairment.

These sobriety checkpoints usually consist of a roadblock of police cars which stop vehicles for routine checks. These policemen employ devices which can measure accurately an individual driver’s blood alcohol content (BAC). Certain ages have legalized amounts of BAC’s. Any excess thereof is penalized:

o    0.08% or higher―Drivers 21 years old or older operating regular passenger vehicles.

o    0.04% or higher―Drivers operating commercial vehicles.

o    0.02% or higher―Drivers younger than 21 years old.

Penalties for DUI

Penalties for this offense are overall grave. Depending on the frequency of the offense, penalties increase in number and intensity. The corresponding agencies may suspend, terminate, or revoke a driver’s license depending on the gravity of the offense. They may also subject a driver top education programs.

FREQUENCY OF OFFENSE ADMINISTRATIVE PENALTY CRIMINAL PENALTY

First Offense License Suspension 45 to 90 days

License Reinstatement Fee ranging from $50-$1200 1 year license suspension

$500-$5000 fine

Jail of up to 2 ½ years

Alcohol Education Program

Second Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) 2 year license suspension

$600-$10000 fine

60 days – 2 ½ years jail time

Alcohol Education Program

Third Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony charges

8 year license suspension

$1000-$15000 fine

180 days – 2 ½ year jail or 2 ½ – 5 years prison

Mandatory installation of IID (Ignition Interlock Device)

Alcohol education program

Revocation of Vehicle Registration

Fourth Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony charges

10 year license suspension

$1500-$25000 fine

Up to 2 ½ years in jail or 2 ½ – 5 years in prison

Alcohol Education Program

Mandatory installation of IID (Ignition Interlock Device)

Revocation of Vehicle Registration

Forfeiture of Motor Vehicle

Fifth Offense License Suspension

License Reinstatement Fee ranging from $50-$1200

Mandatory installation of IID (Ignition Interlock Device) Felony Charges

$2000-$50000 fine

Up to LIFETIME License Revocation

Up to 2 ½ years in jail or 2 ½ – 5 years in prison

Revocation of Vehicle Registration

Forfeiture of Motor Vehicle

Alcohol Education Program

Offenses involving manslaughter (Accidents involving death under DUI) 15 year license revocation (First Offense)

Lifetime Revocation (Second Offense) 5-20 years in prison

Up to $25000 fine

Contact TICKET FIXER FLAT RATE TRAFFIC ATTORNEYS

Given the severity of the administrative and criminal penalties for drivers involved in DUI, it is more than imperative that one involved in it hire not only competent but also experienced lawyers in the field. Lawyers from our firm can help any driver by navigating through the justice system to find the best leeway to bring out the best outcome for the driver in question to avoid such harsh penalties.