The Very Real Consequence Of A CDL DUI

By Linda Hughes


It has been said that we all make mistakes, and none of us may stand in judgment of another for this reason. Sometimes our life choices lead us into consequences we did not anticipate. However, anyone who drives commercial trucks should already be well aware of the damning consequences of a CDL DUI.

Career ruination can even occur when the accused is in their own private automobile. Rarely do truck drivers actually have the audacity to drink while on the road professionally. However, some might mistakenly assume that getting caught while driving drunk around their own home town does not impact their job.

There is no doubt that the DOT will honor the license suspension that is part and parcel of any such arrest. They may have additional consequences as part of their official policy. At the very least, part of this policy is going to be reporting the arrest to the company that the accused is working for, and allowing them to approach the matter based on their own corporate policies and procedures.

Most motorists do not understand the differences in legal policy from one state to another, and they might believe they have to be over the official legal limit of 0.08 in order to be charged. States with DWI laws will require this excess of the legal limit, but most states have laws for driving under the influence rather than driving while intoxicated. This means an officer is required to use their own discretion, but can potentially arrest a person who breaths a 0.00 but is suspected of being in an altered state.

Most states have switched to the driving under the influence laws, and they enforce these laws with a zero tolerance attitude that is stern to the point of being almost unconstitutional. It allows the arresting officer to make the arrest even if a driver breaths a 0.01, or a 0.00. It covers the possibility that a driver may have been under the influence of other drugs, and allows for urinalysis upon arrest.

It would seem that discussing marijuana consumption would be irrelevant since it is illegal in most states. However, charges for driving under the influence of marijuana are becoming more and more common place. This creates a whole new degree of risk for commercial drivers who may consume marijuana in a state that allows it, then drive to a state that does not.

Even if the marijuana consumption was done in the weeks prior to being detained, there are many offices who will attempt to charge the driver anyway. Marijuana can stay in the system for up to a month. This means that many officers will attempt to make a driving under the influence of marijuana charge stick even if the driver did not smoke any pot that day.

The rule of thumb for commercial drivers is abstinence. If a driver avoids any use of drugs or alcohol, then being arrested for said consumption is not going to be a concern. If a commercial driver loses their license, then the thousands of miles they have under their belt suddenly mean nothing, and their long-term financial outlook is instantly reduced.




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