What Happens to CDL Holders When Charged with a DUI in PA?
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No matter what the circumstances are, being charged for DUI in Pennsylvania can bring about extremely harsh penalties, but this is especially true for people who hold a Commercial Driver’s License (CDL).
A first time DUI in PA, depending on the BAC level, could mean up to six months in prison, a $5,000 fine and a 12-month driver’s license suspension, upon conviction. If you depend on your CDL to support yourself and your family, you already know how this could be a huge problem and have a devastating impact on your future.
While being arrested for a DUI for CDL holders is a frightening situation to be in, all DUIs are possible to fight and win in court. There are many possible defenses to winning a DUI case, but even if the evidence is working against you, a DUI lawyer can try and have your charges and sentence reduced. It is important that you speak with an experienced Pittsburgh DUI lawyer immediately if you were arrested for DUI and hold a CDL.
Attorney Justin J. Ketchel provides free consultations and can explain your rights and next steps for protecting your rights.
PENNSYLVANIA CDL DUI LAWS
For holders of a Commercial Driver’s License, tighter restrictions against drinking and driving in Pennsylvania apply. A person does not even need to be driving a commercial vehicle at the time the DUI took place in order for these restrictions to apply. Even if you are driving home from a party or event or a dinner with your wife or husband in your own personal vehicle, as the holder of a CDL, as little as one drink can cause you to lose your license.
Pennsylvania considers a driver impaired at a .02 BAC. This is significantly lower than a non-commercial driver.
If you drive a school bus, a BAC level of .02 means that you face placement in the high impairment tier. For other CDL holders, a BAC level of .04 puts you in the high impairment tier.
- The high impairment tier means that you could face the following penalties for a first time DUI*:
- An ungraded misdemeanor on your criminal record
- From 72 consecutive hours to up six months in jail
- $1,000 to $5,000 fine
- A 12 month license suspension
- Attend Alcohol Highway Safety School
- Complete a full Drug and Alcohol Assessment and comply with any recommended treatment
- A second DUI (within 10 years) at the highest impairment tier could lead to the following penalties:
- A Misdemeanor 1 conviction
- A jail sentence of 90 days to a possible 5 year sentence
- $1,500—$10,000 fine
- Attend Alcohol Highway Safety School
- License Suspension—18 months
- Ignition Interlock—1 year
- Complete a full Drug and Alcohol Assessment and comply with any recommended treatment
- A third DUI (within 10 years) at the highest impairment tier could lead to the following penalties:
- A Misdemeanor 1 conviction
- A 1—5 year prison sentence
- $2,500—$10,000 fine
- License Suspension—18 months
- Ignition Interlock—1 year
- Complete a full Drug and Alcohol Assessment and comply with any recommended treatment
HOW A DUI LAWYER CAN HELP
Having a tough attorney on your side to argue in your defense can help in being able to either a) have your sentencing reduced or b) get the charges dropped altogether.
Just because you have been arrested for DUI does not mean that you will also be convicted.
If an experienced DUI attorney is fighting for you, there is a much greater possibility for minimizing your sentence or having your charges dropped.
Additionally, a DUI attorney is knowledgeable in diversionary programs administered by the court and may be able to negotiate your acceptance into such a program resulting in lesser penalties. Such programs include the ARD program and DUI Court.
Read more about DUI Court in Allegheny County.
A DUI attorney is going to be able to negotiate with prosecutors and argue your case before the judge during your hearing. An aggressive and meticulous attorney will gather all evidence and facts about your case, presenting your history to make the best possible defense.
Under some circumstances, it is possible that the arresting officer did not have reasonable suspicion to stop your vehicle or probable cause to justify your arrest, and our attorneys can work to suppress the evidence and gain a dismissal of the DUI charge.
An arrest is not a conviction. Don’t give up without considering all possibilities.
OTHER PENALTIES FOR DUI IN PENNSYLVANIA
Your BAC Level at the time of the arrest determines how severe of a punishment you are likely to face. Pennsylvania has minimum sentencing laws for people convicted of DUI, and if you are found guilty, it could mean a great loss of freedom, including losing your job and having a permanent criminal record.
If you are convicted of driving under the influence of a controlled substance or if there was an accident at the time of your DUI arrest, you face even tougher penalties including, but not limited to, being excluded from acceptance into the ARD program for first time offenders.
Read more about DUI Penalties in Pennsylvania.
Free Legal Consultation
At Ketchel Law, we offer free legal consultations to people charged with DUI. Call us today to find out how we can help defend your DUI.
Learn More About DUI Laws in Pennsylvania:
- DUI Lawyer Pittsburgh
- First-time DUI in PA
- The ARD Program
- Second DUI in PA
- The DUI Court Process
- The Penalties for a DUI Conviction in PA
- DUI Controlled Substance / DUI Drugs
- DUI Arrest in PA with a BAC over .16
- Underage DUI
- Underage Drinking in PA
- Third DUI Offense and Subsequent DUI Offenses
- DUI while on Probation
- DUI Prescription Medication
- DUI Accident with Injuries
- DUI Field Sobriety Tests
- Guide to Hiring a DUI Lawyer
- The Birchfield Ruling—New Supreme Court Ruling on DUI