DUI and Commercial Driver's License's Law in Virginia

If you’ve obtained a Commercial Driver’s License (CDL) in the Commonwealth of Virginia, you’re already aware of the deleterious effect that a DUI arrest can have on your license. Depending on the classifications, a commercial license allows drivers to earn a living by operating heavy vehicles, conveying large numbers of passengers, and transporting hazardous materials.

Naturally, because of the greater responsibility that the Commonwealth affords to commercial drivers, the standards of conduct when it comes to alcohol consumption and substance abuse is that much greater. If you are found to be operating a commercial vehicle in Virginia with a blood alcohol level of .04, you could be arrested, and your CDL endorsement will be revoked for one year. That’s an incredibly low threshold—half of the legal limit for non-commercial drivers–that can be reached after just one or two standard sized drinks. If you happen to be transporting hazardous materials at the time of the arrest, your CDL endorsement will be revoked for three years for a first offense. Even if you’re not actively working or driving a commercial vehicle, you’re still subject to the same requirements and penalties of other Virginia drivers—only if you’re also a commercial vehicle driver, your CDL endorsement will be suspended along with your driver’s license.

Very few people are as dependent on their driver’s licenses as truck drivers and commercial vehicle operators. For the average person, a DUI arrest entails an unpleasant evening in jail, the inconvenience of restricted driving privileges, and the embarrassment of an arrest. On the other hand, commercial drivers risk losing their livelihood. That’s why it’s imperative for you as a professional driver to be intimately familiar with the DUI/DWI laws of Virginia and anywhere else you drive. You should also have an idea of what you would do if you’re stopped by police and investigated for drinking and driving. Will you perform roadside exercises? Will you consent to a chemical blood alcohol test? Do you have a contingency plan in the event that the officer doesn’t arrest you, but feels that you shouldn’t be driving? Who would pick up your vehicle? Can another qualified CDL driver come pick up your rig?

The best way to develop a course of action is to speak to a qualified, experienced Virginia DUI attorney. Even if you never drink while you’re working, it’s still prudent to have the advice of a DUI lawyer in the event that a drunk driving arrest occurs during your off hours. In addition, if you are ever stopped and arrested, you won’t have to start your attorney search from a jail cell. Whether or not you’ve ever spoken to a Virginia DUI lawyer in the past, obtaining the services of an attorney is your single, best chance to protect your driver’s license, to keep your CDL endorsement, and to stay out of jail.