What Are the DUI Penalties for Illinois CDL Holders?

 Posted on December 30, 2020 in DUI

In Illinois, commercial drivers are held to a higher standard than most motorists. Similarly, commercial driver’s license (CDL) holders are also subject to more severe penalties when charged with a traffic violation, or when accused of driving under the influence. These penalties are notoriously harsh, so if you were recently arrested for driving under the influence in Illinois, it is important to speak with an Aurora CDL violations defense lawyer about your legal options as soon as possible.

Suspension of CDL Privileges

DUI cases in Illinois can be broken down into two separate phases: the Statutory Summary Suspension of a person’s license and the criminal proceedings for driving under the influence. Either one of these stages of a DUI case can impact a person’s CDL driving privileges. For instance, the Secretary of State imposes a minimum one-year disqualification of all CDL driving privileges if a driver submits to and fails a BAC test, or refuses testing altogether. The same penalty can be imposed on those who are actually found guilty of, or who plead guilty to, a criminal DUI charge, regardless of whether the judge convicted the defendant or ordered court supervision.

This is because an order of court supervision, which prevents license consequences for those with regular driving privileges, still results in a one-year disqualification for CDL holders. In fact, if a person receives a second DUI that results in a Statutory Summary Suspension or a finding of guilt, he or she will be disqualified from holding a CDL for life.

Suspension of Regular Driving Privileges

Under Illinois law, the length of suspension that a driver faces after being arrested for driving under the influence depends on whether that person submitted to and failed testing, or refused testing altogether. Whether a driver is a first time offender will also be taken into account. Generally, first time CDL offenders are confronted with a six-month suspension of their regular driving privileges if they fail a BAC or drug test, or a one-year suspension if they refused to take the test at all.

Whether a person qualifies as a first time offender (meaning that he or she hasn’t been convicted of DUI in the past five years) has an important impact on the types of penalties that a person encounters. For second-time offenders, for instance, a failed test will result in at least a one-year suspension of one’s driving privileges, while refusing to take a test comes with a three-year driver’s license suspension.

Speak with an Aurora CDL Violations Defense Attorney Today

One of the only ways to avoid CDL-related consequences stemming from a DUI arrest is to challenge those allegations at trial or attempt to negotiate a reduction or modification of the charge, so if you were recently arrested for driving under the influence and hold a CDL, please call the Law Office of Patricia Magana for help today. You can schedule a meeting with a dedicated DuPage County CDL violations defense lawyer by calling 630-448-2001, or by sending us an online message with your contact information and details about your case.

Source:

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf