If you have been charged with commercial DUI in Massachusetts, it is extremely important that you partner with an experienced, aggressive OUI attorney as soon as possible. The possible penalties for this type of charge can cause a serious impact on your life, including your ability to earn money as a commercial driver. When you are issued a Commercial Drivers License (CDL), you willingly agree to stricter limitations for your ability to operate a motor vehicle after consuming alcohol in any quantity, or ingested any other drugs. Your CDL holds you to a higher standard than passenger vehicle operators because of the complexity involved with operating commercial vehicles, and you will lose this privilege after an OUI arrest.
If you have a CDL and have been arrested for OUI, contact us immediately. We offer a free initial consultation where you will have an opportunity to speak with an attorney about your charges, your criminal history, your personal situation, the impacts that your loss of the CDL will cause, and learn more about how we have previously handled cases that resemble yours. With the right Massachusetts OUI lawyer on your side, you will be able to work towards an outcome that is both fair and reasonable with a strong defense.
Are There Additional OUI Penalties or Requirements For CDL Drivers?
If you are convicted of a first-offense OUI in Massachusetts, you will automatically be disbarred from operating with a CDL for at least one year, and up to three years if you transport hazardous materials. If you are driving a passenger vehicle at the time of your OUI arrest, you will still suffer the same consequences.
Federal state law limits Blood Alcohol Content to 0.04 for drivers who are operating a commercial vehicle, but that same CDL driver is subject to Massachusetts legal limit of 0.08 when they are operating a personal vehicle. Arrests for either violation will result in the loss of the CDL, as well as the legal right to operate a personal vehicle.
Can I Get My CDL After a Second OUI?
In Massachusetts, you will have no option to either apply for or reinstate a CDL license if you have been convicted of two or more OUIs.
If you rely on your CDL to earn your living, it is extremely important that you understand the potential consequences that the decision to operate a vehicle after consuming alcohol or other drugs may have on your life. While non-CDL drivers may be able to apply for hardship licenses during their license suspension in order to get to and from work, you will not be able to do the same, since your work IS driving, and you will be barred from a CDL for the specified amount of time based on the nature of your license and the loads you carry. In addition to losing your license, it is extremely likely that you will lose your job in addition to your license, since you will be unable to perform your duties.
You will need to pay significant fines for your OUI, which will be even more impactful if you are unable to work.
There Is a Difference Between an OUI Arrest and an OUI Conviction
After you are arrested for OUI, you will have the charges filed by a prosecutor, and will then need to defend against your case in a Massachusetts court. If you are found guilty of your OUI, then your charges will go into your criminal record and you will be required to suffer the penalties issued by the judge on your case.
This is why it is extremely important that you hire an experienced attorney: we will work to represent your situation accurately in court, and avoid any charges possible so you may continue to work with your CDL. Contact us immediately to discuss your case with an attorney, and get started on your defense today.