If you hold a Commercial Driver’s License (CDL) in Pennsylvania, your license is your livelihood. That’s why, if you’ve been accused of DUI in PA and have a CDL, you have good reason to be nervous: your job is on the line.
Why you need an attorney right now if you have a CDL and the DUI was in a non-commercial vehicle
If you are convicted of DUI in PA, your CDL can be “disqualified” (suspended) for a minimum of 12 months in addition to any loss of license you get for the DUI. It is completely unfair. But it is the law in PA when it comes to CDL holders and DUI. It doesn’t matter if you were only in your private vehicle or car and not your commercial truck or vehicle. This means you won’t be able to work for an entire year even if the DUI conviction doesn’t result in loss of license.
If you have another “serious traffic offense” or a prior DUI, you could be banned from having a CDL for life. Imagine the impact that will have on your career, your finances, and your life, and you can see why a full understanding of CDL DUI laws and penalties is so important.
Additional recommended reading about consequences for a DUI while not in a commercial vehicle:
For CDL drivers driving a commercial vehicle in Pennsylvania, the legal limit for BAC is much lower than it is for non-commercial drivers. The legal limit for CDL holders driving a commercial vehicle in Pennsylvania is incredibly low. A BAC of no more than .02 is the max. That’s a full 75% lower than the legal limit for non-commercial drivers or when you are in a non-commercial vehicle. At that rate, you could be considered over the limit after drinking a single beer. Wow.
For other CDL license holders in their commercial vehicle, a BAC of .04 – or about two beers – will put you in the High Impairment category.
If you’re driving a school vehicle that single beer will land you in the State’s High Impairment tier. A school vehicle not only includes school buses and school vans but any vehicle owned, leased or rented by the school district.
As you can see, the laws for CDL drivers in a commercial vehicle in PA are quite strict. And the penalties are similarly harsh.
Pennsylvania CDL DUI Penalties while in a commercial vehicle
A first offense CDL DUI while in a commercial vehicle conviction in Pennsylvania will bring you:
a 12 month license suspension,
fines from $500 to $5,000, and
a jail term ranging from two days to six months.
You will also be disqualified for having a CDL for one year or more if you have another “serious traffic conviction” while driving your commercial vehicle.
For a second offense CDL DUI while in a commercial vehicle conviction in Pennsylvania will bring you:
license suspension remains at 12 months,
fines increase from $750 to $5,000, and jail time increases to anywhere from one to six months.
You will also be disqualified from having a CDL for life.
CDL drivers convicted of DUI often see dramatic increases in their insurance rates – both personally and professionally, and are often dropped outright by both insurers and employers.
Know Your Rights
Don’t let this happen you. We, at The McShane Firm, know that commercial truck driving is what keeps food on the shelves and just about everything in the stores comes by way of trucks. We need more good drivers on the road. There are enough bad ones.
2nd DUI With Refusal
I couldn’t have asked for a better attorney than Tim. He was so patient with me through the whole process and answered every question I had regardless of how stupid they were. This was my second DUI in 4 years and I refused any testing which calls for an automatic license suspension. Tim fought Penndot on the refusal charge and won and also took my DUI case to trial and won. NOT GUILTY on everything. He is worth every penny I spent. If you are looking for a great attorney I would highly recommend Tim.
Justin McShane and his entire staff made me feel like they took my case personally and really cared about a suitable outcome of my case. All my calls and questions and emails were answered very quickly. I would highly recommend The McShane Firm for any representation.
The best of the best in DUI cases. Worth every penny. 8 years later and I still can’t thank you guys enough.
Best DUI Defense in PA
I was falsely accused of Driving Under the Influence with Reckless Endangerment of my young son in the car. I was in jeopardy of losing custody of my only child. Thanks to Tim, this tragedy was avoided. Tim strategically fought for me to convince the jurors that the Commonwealth’s witnesses should not be believed. He used his experience to ‘splain the truth to the jury. With just the right balance of charm, mild indignation, logic, truth telling, humor, personal anecdotes, relationship building, power of persuasion, professional acumen, trial experience, and so much more, Tim achieved success for me. He’s worth every penny. Tim did great, and I’ll always be grateful!
What is The McShane
We handle cases differently. One call to us and you will see the difference.
Attorney Justin McShane is a pioneer of the Lawyer-Scientist program which he helped develop for the American Chemical Society. The Lawyer-Scientist designation is the Gold Standard for DUI lawyers. All of the attorneys At The McShane Firm are highly trained in forensic science and use science to challenge and win DUI cases.
Attorney McShane is the only Board Certified DUI Specialist in Pennsylvania. This means he had to pass rigorous examinations about his knowledge of DUI law to become certified. At The McShane Firm, advanced DUI training is our passion and we use that knowledge to protect our clients.
We take on the tough cases. When a local hospital was not following procedures, we got blood testing suspended from that hospital. We also largely ended breath testing in all of Pennsylvania when we found problems with the equipment.
Over the years we have helped CDL drivers, doctors, pilots, military personnel, nurses, school teachers and many other professionals keep their jobs which were in jeopardy if they were convicted of DUI.
If you’re looking for professionally aggressive representation
Legal Disclaimer: The contents of this website are for informational purposes only. They neither constitute nor imply an official legal opinion on behalf of The McShane Firm, LLC, nor any attorney-client relationship of any kind. The McShane Firm strongly urges seeking professional counsel before acting upon any information contained herein.