St. Louis CDL DWI Lawyer

Drivers with a valid commercial driver’s license (CDL) are held to a higher standard than non-CDL drivers. Not only are you expected to follow all state and federal commercial driver requirements, but you also face tougher penalties if you’re arrested for driving while intoxicated (DWI).

You can protect your reputation and future with help from an experienced St. Louis CDL DWI lawyer. You need a dedicated and aggressive St. Louis DWI lawyer to challenge unlawfully obtained evidence, craft a compelling defense strategy, and secure a plea agreement when appropriate. Even if you are accused of a DWI while operating your personal vehicle, if you hold a CDL, your career could be on the line.

Contact our criminal defense attorneys for a confidential consultation today to learn more about potential defense strategies, the consequences of a conviction, and what to expect from the charges against you.

What’s the difference between a CDL DWI and a regular DWI?

To be charged with a regular (non-CDL) DWI in Missouri, motorists must be accused of being in control of a motor vehicle while under the influence of drugs or alcohol. In most of these cases, motorists will have blood alcohol concentration (BAC) levels that reach or exceed .08%.

However, the requirements for a CDL DWI in Missouri are much stricter, and CDL holders are held to a much higher standard.

Lower BAC threshold

If a CDL driver has a BAC level that reaches or exceeds .04%, CDL DWI charges can apply. This means even if you are not visibly intoxicated, you could still face drunk driving charges and the respective criminal penalties.

You can also face CDL DWI charges if you:

• Refuse a blood alcohol test
• Operate your personal vehicle with a BAC that reaches or exceeds .08%
• Are accused of operating a commercial vehicle while under the influence of any type of controlled substance

What should I do if I hold a CDL and am charged with DWI?

If you are charged with a DWI and carry a commercial driver’s license, you must take steps to protect your reputation and future.

1. Tell your employer

You must notify your employer of your DWI charges within 30 days. Typically, you are required to inform your employer of your CDL suspension or revocation within 24 hours. If your CDL has been disqualified, you can request an administrative hearing before the Missouri Department of Revenue (DOR) within 15 days.

2. Work to reinstate your CDL

Be prepared to take and pass your knowledge and commercial driving skills tests. You will also need to file a form SR – 22 insurance document with the insurance company which will likely dramatically increase your auto insurance costs. This additional coverage will be required for at least three years after your CDL suspension ends.

You can be proactive with your license suspension by completing a Missouri Substance Abuse Traffic Offenders Program (SATOP) and paying the necessary CDL reinstatement fees to the DOR. You will need to cover the costs of your SATOP program, pay any court fines, legal fees, and the CDL reinstatement fee before your CDL can officially be reinstated.

3. Work with a CDL DWI attorney

Hire a highly qualified and experienced CDL DWI lawyer to help you figure out the best approach to your defense. While you work on protecting your CDL, your criminal defense attorney can work diligently to prepare a compelling defense or ultimately get the CDL DWI charges against you reduced to a less serious charge in order to minimize the impact a conviction will have on your career.

What penalties does a CDL driver face when charged with DWI?

There are multiple criminal penalties you can face as a CDL driver if you are convicted of a DWI. St. Louis CDL holders may be subject to one or more of the following penalties:

• A minimum one-year CDL revocation
• A minimum 30-day regular driver’s license suspension
• After $500 in fines
• Up to six months in jail

However, these penalties only apply if you are charged with a Class B misdemeanor. You could face increased criminal charges if anyone suffered severe bodily injury or death as a result of your impairment. This means you could be charged with higher-level misdemeanors or even felony DWI charges. If you are convicted of a felony DWI, you could face:

• A ten-year driver’s license revocation
• Up to $10,000 in fines
• After four years in jail
• A six-month ignition interlock device (IID) requirement

You also need to be aware of the potential for collateral consequences. These describe the various ways your life will be affected by your conviction. You may find it difficult or impossible to continue working as a commercial truck driver which could limit your ability to provide for yourself and your family. You might face immigration or citizenship issues if you are a foreign national, child custody order visitation disputes, and deal with the ramifications of a destroyed personal and professional reputation.

By preparing the strongest defense possible, you can take steps to avoid these harsh penalties and protect your future.

Protecting your commercial driver’s license

Can you get a CDL with a DWI on your record? The answer may not always be clear. You must take steps to protect your CDL if you have been accused of committing a DWI, otherwise, you may have your CDL permanently revoked which could destroy your career. First-time offenders may be able to avoid a lifetime suspension, but once you receive a second DWI conviction, your CDL will be permanently revoked. If you are ultimately convicted of a CDL DWI, you can appeal your CDL suspension within 30 days of the connection by requesting a hearing before the Missouri DOR.

Possible defenses against CDL DWI charges

When you have been accused of driving while impaired as a CDL holder, you have the right to defend yourself against these allegations. In some instances, you may qualify for a pretrial diversion program. This is similar to a plea agreement in that you will not need to face the CDL DWI charges against you if you fulfill the requirements of your pretrial diversion program.

Some of the requirements of pretrial diversion programs include:

• Completion of a drug or alcohol rehabilitation program
• Attending mental health counseling or group therapy
• Pay restitution to any victims
• Attend regular meetings with the probation officer
• Pass random drug or alcohol screenings
• Complete a driver retraining program

Once you have fulfilled the requirements of your pretrial diversion program, the prosecutor agrees to reduce your CDL DWI to a lesser offense or dismiss the charges altogether. However, not everyone will be eligible for a pretrial diversion. This is typically an option that is only available to first-time offenders and only in instances where there was no serious bodily injury or property damage.

If you do not qualify for a pretrial diversion program, you will need to present a powerful defense. Some of the most common defenses our CDL clients have utilized include:

• Unlawful search and seizure
• Faulty breathalyzers
• Improper administration of breathalyzers
• Police or prosecutorial misconduct
• Constitutional rights violations
• Medical conditions

After reviewing the specific circumstances of your case, your criminal defense attorney will have a better understanding of which defenses are most likely to result in your acquittal. We will work tirelessly to gather evidence to introduce reasonable doubt, file motions to exclude evidence that should be inadmissible, and protect your liberties.

Charged with DWI while working as a commercial truck driver? We can help.

If you hold a commercial driver’s license and face DWI accusations, protecting your reputation has never been more important. You could be facing fines and jail time, and your CDL could be permanently revoked. Take steps to clear your name of the charges against you when you connect with a top-rated St. Louis CDL DWI lawyer at JCS Law. Schedule your confidential consultation as soon as today when you complete our secured contact form or call our office at (314) 561-9690.

Frequently asked questions about CDL DWI in St. Louis

When you have been charged with drunk driving as a commercial driver’s license holder, you may have many unanswered questions regarding the allegations against you and how they could affect your life. We understand how confused and overwhelmed you must be feeling.

To help you get clarity and start to prepare the strongest defense possible, we have answered some of the most frequently asked questions regarding CDL DWIs in St. Louis below. If you have additional questions we do not cover here, do not hesitate to contact our criminal defense lawyers to request a confidential consultation.

Can I still drive with a CDL if I get a DWI?

Your CDL will be temporarily suspended if you are charged with a DWI in Missouri. If you are arrested for a DWI as a commercial driver’s license holder, you can expect your CDL to be suspended for at least one year. Once your suspension period has passed, you may be able to reinstate your CDL and get back to your life.

How long will a DWI stay on my record?

Unfortunately, once you are convicted of a DWI, it will remain on your record indefinitely. However, depending on the specific circumstances of your case, after a waiting period, and if other requirements are met, you may be able to get your CDL DWI expunged from your record.