Penalties for Receiving a DUI

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Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine.

Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.

If you are pulled over and give a blood alcohol test of .04 or higher you will be considered over the limit for purposes of the Department of Motor Vehicles and your commercial driver’s license. For your first offense you will lose your license for a year but if the cargo was considered hazardous material license revocation is three years. After a second offense your CDL license is taken for life. If you refuse to take a test your license will be revoked for one year, and three years if the cargo was hazardous material. If it is your second refusal then your commercial license will be revoked for life.

These rules apply whether you are in your commercial vehicle or not. That’s right, if you hold a commercial driver’s license and provide a blood alcohol test of .04 or higher while in your personal vehicle it can cost you your commercial driver’s license even though you were not driving your commercial vehicle.

Receiving a DUI can be devastating if commercial driving is your livelihood and can cause ripple effects in your life such as loss of your job, financial hardship, and strain to your relationships. It is important to contact an experienced attorney if you find yourself facing a DUI charge and you are a commercial vehicle driver.

The rules are slightly different for minors who hold commercial licenses. If a minor commercial driver is caught with BAC levels .02 to .039 while driving their commercial vehicle then their commercial license will be revoked for three months on the first offense, six months on the second, and one year on the third offense and any offenses after that.

If you hold a commercial driver’s license and provide a blood alcohol test of .04 or greater (or .02 or greater if you a minor) then you will need to schedule a hearing within seven days if you plan to contest your revocation. If you do nothing then you will lose the right to challenge or appeal the revocation and your license will automatically be revoked.

If you are a commercial driver facing a revocation of your license, then call us at Thomas Law Firm for a free consultation with one of our experienced attorneys.

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Criminal Practice Areas

Our Colorado lawyers aggressively defend your rights. Certain situations offer options such as evidence suppression, dismissal of the charges, or greatly reduced penalties, but only an experienced lawyer will be able to understand the circumstances surrounding your case fully. If you have prior charges or a felony on your record, it is especially important to contact a defense attorney promptly to seek advice and understand your case.

Driver’s License Revocations from DUI

A DUI arrest results in two separate legal proceedings against you: the criminal case and an administrative license revocation hearing through the Colorado Department of Motor Vehicles. If your BAC is confirmed through chemical testing to be .08 or above, or if you refused to submit to a breath or blood test, you will be subject to a license revocation through a civil administration hearing.

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Alcohol Related Driving Offenses

There are two different alcohol related offenses that can result from driving after you have consumed alcohol. Whether you are charged with one or the other depends on the amount of alcohol in your system. The charges are: “Driving While Ability Impaired” – DWAI and “Driving Under the Influence” – DUI.

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Minor DUIs

The Colorado law firm, Thomas Law Firm, defends all types of DUIs, from drug related to alcohol impaired driving offenses. If you have been accused of driving under the influence for felony or misdemeanor charges, contact our DUI criminal defense lawyers at(720) 542-6148.

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Injury Property Damage And Car Crash DUI

A car crash is a situation nobody wants to find themselves in, let alone be responsible for. In Denver, the penalties for these accidents include heightened insurance rates, fines, and, if alcohol was involved, legal repercussions including serious and potential felony DUI charges. When a drunk driver is involved in a car crash that leads to property damage or bodily injury, the penalties increase significantly.

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DUI/DWAI for Commerical Drivers

Penalties for receiving a DUI are much harsher for commercial drivers and the consequences may reach far beyond losing your license and paying a fine. Commercial drivers are subject to stricter standards because their job requires them to operate vehicles that can contain toxic waste or precious cargo—it is a matter of public safety that these drivers be as safe as possible. Driving drunk while operating a company vehicle puts the company as well as the public-at-large at risk.

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Marijuana DUIs

Recent changes to Colorado law have made it so it is now legal to possess and use marijuana. However, it is still a crime to drive a motor vehicle while under the influence of marijuana or any other drug. A conviction for driving under the influence of drugs will lead to the same penalties as driving under the influence of alcohol.

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"I highly recommend William and his team. We hired him on a criminal defense case and he and his group were extremely professional, courteous, easy to work with, and available when needed. We honestly cannot say enough! Thank you all very much!"

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"I had hired another firm before I met with Mr. Smith. After speaking with him I knew he was the best fit to represent me and my case. I had a very complex case facing multiple charges including a DUI. He made me feel very optimistic but didn’t withhold possible outcomes. He communicated everything to me in a way that I could understand. I was always able to reach him and his paralegal Molly with any questions and they were answered with no hesitation. He aggressively litigated my case and exceeded all expectations I had. He was able to get the DUI charge down to a DWAI and the other charges dropped. I was facing very severe consequences and in the end the two goals we had set he was able to accomplish. He is very knowledgeable as well as trustworthy. I can honestly say without Will my future would be completely different. He saved my career, my driver’s license and most importantly, my freedom. I HIGHLY recommend Will to represent you and your case; that was the best decision I could have made."

-Sarah
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"My experience was strong and supportive! We all go through tough times and this was one of those times for me. I didn’t know who or where to turn to. My attorney and the whole practice guided me through the process and helped bring me to the best outcome. All I can say is “thank you”!"

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"Hiring Mr. Johnson was the best thing I could ever have done during such a stressful time. I had never been arrested before and was very upset with myself for allowing myself to get a DUI. Mr. Johnson and his staff were very sympathetic and non-judgmental. While in court, Mr. Johnson presendted me as a good person who made a mistake. It was his representation of me that resulted in a favorable outcome. Thank you so very much for all you did for me Mr. Johnson."

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