Commercial Driver's License DWI in Minneapolis
Have you been arrested for a commercial DWI?
It is against the law for drivers to operate a motor vehicle under the influence of alcohol with a blood alcohol concentration (BAC) at or above .08%. If you are a commercial truck driver, then the legal limit is cut in half at just .04%. Additionally, you face a conviction for DWI if you are caught operating a commercial motor vehicle (CMV) with any detectable amount of a controlled substance in your bloodstream. A drug-related DWI would include both illegal drugs and lawfully prescribed prescription medications. This means that if you are caught driving under the influence of a heavy painkiller such as Vicodin or Oxycontin, or even an anti-anxiety medication, then you could lose your commercial driver's license for a period of one year for a first offense.
Commercial Vehicle DWI Laws in Minnesota
Under Minnesota law it is illegal for a commercial vehicle driver to operate a commercial motor vehicle (CMV) with a blood alcohol concentration (BAC) at or above .04% Anyone who violates the law while driving a commercial motor vehicle is subject to a disqualification for a period of one year for the first DWI violation and a lifetime ban/disqualification for any subsequent DWIs.
If the commercial driver was arrested for having a BAC between .04% and not greater than .08%, then they would be allowed to remain licensed to drive passenger cars and trucks. If the commercial driver was found to have a BAC exceeding .08% at the time of the arrest, or if they had any amount of certain substances in their system within two hours of driving, or operating or otherwise being in control of a motor vehicle, then they would be subject to the standard DWI laws and penalties that any other driver would be subjected to. Commercial drivers are not given any kind of special treatment if they are caught driving a commercial vehicle or a passenger vehicle with a BAC at or above .08%
Will I lose my job if I am convicted?
Will I lose my job if I am convicted of DWI? For all commercial drivers this is their greatest concern. At a time when the job market is tight and unemployment rates are soaring, your job means more to you than ever before. If you're like many truck drivers, you may have a spouse and children at home depending on you to make a living and support the household. Unfortunately, if you are convicted of DWI in Minnesota or any other state then you will be subject to Federal Regulation 383.51.
Under § 383.51, you are automatically disqualified from operating a CMV for one year on a first conviction for DWI if your BAC was at or above .04%. If you refuse to submit to a chemical test in the form of a blood, breath or urine test, then you are also subject to a one year disqualification. On any second conviction for an alcohol-related DWI, or a drug-related DWI or for chemical test refusal, then you are subject to a lifetime disqualification. This means that if you are caught once driving under the influence of alcohol or drugs, then you lose your CDL for one year, but if you are caught a second time, then you can say goodbye to your CDL permanently.
Minneapolis DWI Lawyer
If you are worried about your job, you should be. As a truck driver, you need your CDL in order for you to work and earn a living doing what you do best. Because an active CDL is required for your work, then yes, you can be fired. If you were arrested for DWI, whether you were driving a passenger vehicle or a CMV, then it's important to get a Minneapolis DWI attorney on board immediately. At Martin Law Offices, the legal team can give you honest and forthright advice about how DWI convictions can affect your CDL. What's more, they can also take a full assessment of your situation and tailor a defense on your behalf. The attorneys at the firm fully understand the implications of a commercial DWI and will do everything within their power to reduce if not eliminate the penalties that you are currently facing.