A CDL holder with at least two serious traffic violations, including but not limited to: speeding, reckless driving, not yielding, texting while driving, and following too closely, could also lose their CDL for life. Our lawyer has over 15 years of legal experience and knows how to deal effectively with drunk driving cases. We are committed to using our knowledge and skills to build a legal defense and fight the charges you face. If you are banned from a CDL for one or three years, you will have to wait the entire period before you can restore your commercial license. In addition to the time limit, you must comply with all other legal requirements. In other words, you must complete all parts of your sentence, including payment of fines, payment of repairs, community service, alcohol safety school, and drug and/or alcohol counseling. These Pennsylvania laws are consistent with federal CDL DUI laws. The Federal Motor Carrier Safety Administration (FMCSA) has set a blood alcohol limit of 0.04% for all CDL drivers in commercial vehicles. It requires disqualification for one or three years after a first DUI and lifetime disqualification after a second DUI in a commercial vehicle or personal vehicle. Before we get into the five (5) legal issues that a CDL driver needs to be aware of, it is important to understand that licensing penalties for CDL owners are not limited to infractions that occur while operating a commercial vehicle. This means that a CDL driver will face these harsher penalties, even if they were not driving a commercial vehicle at the time of the incident.
In Pennsylvania, a CDL driver must understand the following: In the Commonwealth of Pennsylvania, the driver of a non-commercial motor vehicle is considered drunk if his blood alcohol level is 0.08% or higher. However, if you own a CDL and operate a commercial vehicle, the blood alcohol threshold is lowered to 0.04%. In addition to the lower blood alcohol limit, penalties for professional drivers caught with a blood alcohol level are between 0.04 and 0.159% more severe, as the violation automatically places CDL drivers in DUI`s “High Impairment” level. A first conviction for drunk driving by CDL is punishable by 2 days to 6 months in prison; fines of $500 to $5,000; one (1) one-year suspension of your personal driver`s licence; and one (1) year of disqualification from your commercial driver`s license. The disqualification of your CDL will be extended to three (3) years if you were transporting dangerous goods at the time of your arrest for impaired driving. Section 1612 of the Pennsylvania Motor Code (Title 75) prohibits a driver from operating a commercial vehicle with alcohol in its system. If a driver contravenes this section, it is a summary offence. 5. Unlike New Jersey, drunk driving is not a traffic violation in Pennsylvania.
In Pennsylvania, a conviction for impaired driving is generally a violation of Section 3802 of the Vehicle Act. However, a CDL holder can still lose their licence for serious traffic violations alone. It is not necessary for these offences to involve alcohol. Pennsylvania also has a lifetime ban if a CDL holder is convicted of two or more “serious traffic violations.” Pennsylvania defines serious traffic violations as one of the following: If you are a commercial driver and you are facing a CDL DUI or DUI related to your personal vehicle, call our CDL DUI attorneys immediately. There are ways to defend against these charges, including, but not limited to, demonstrating: The stricter regulations for CDL holders are evident in Pennsylvania`s drunk driving laws. According to section 1612 of the Vehicle Code, it is illegal for a person with any amount of alcohol in their system to drive or control a commercial vehicle or school bus. If they violate this law while operating a commercial vehicle, they could be charged with a summary conviction offence and could face a $100 fine and a 24-hour suspension from their LDC if convicted. 2. A professional driver who has a blood alcohol level of 0.04 or more while driving a commercial vehicle is guilty of an administrative offence if convicted of that offence. Keep in mind that the legal limit for non-commercial vehicles in Pennsylvania is 0.08.
If convicted, the driver faces a one-year (1) driver`s licence ban and the ARD program does not allow the driver to avoid a driver`s licence suspension. It is important that you realize that the CDL limit for a DUI is not the same as for a normal driver in a personal vehicle. If you drive a commercial vehicle such as a pickup truck or semi-trailer, your legal limit is 0.04% BAC. If you are a school bus driver or responsible for driving another school vehicle, your legal limit is 0.02% BAC, which you can reach after a single drink. To be charged with a CDL DUI in Greensburg, PA, you must be in a commercial vehicle. Simply having a CDL is not enough. If you have a CDL but are in your personal vehicle at the time of arrest, you will face a standard drunk driving fee – not a CDL DUI. They are also met at the typical legal limit of 0.08%. CDL holders also face harsher penalties for first convictions for impaired driving. That`s because driving at or above the legal limits for the type of vehicle they operate puts them in Pennsylvania`s “high-rate” level of drink-driving.
Non-CDL holders are only classified in this level if their blood alcohol level was between 0.10% and 0.159%. The legal limit is also much lower for people with a commercial driver`s license. Most drivers in Pennsylvania are only charged with drunk driving if they get behind the wheel with a blood alcohol level of 0.08 percent or higher. Truck drivers are charged with impaired driving if they have a blood alcohol level of 0.04% or higher, and school bus drivers are arrested for impaired driving when toxicology tests show their blood alcohol level to be 0.02% or higher. Licence holders should also be aware that these lower thresholds are based on the type of driver`s licence a person holds and not on the vehicle they are driving at the time of arrest. This means that truck drivers with a blood alcohol level of 0.05% will be charged for drunk driving, even if they are driving their personal vehicle when stopped. Increased CDL restrictions also apply to the amount of alcohol found in the driver`s body. For non-CDL holders, the legal blood alcohol concentration limit (BAC) is 0.08%.
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