The state of South Carolina finds driving while under the influence of drugs or alcohol to be inexcusable. With this, the state holds even stricter standards when it comes to commercial drivers. If you operate a commercial vehicle for a living and you received a commercial driver’s license DUI, read on to discover what penalties are heading your way and how a seasoned Chesterfield County DUI lawyer at the Cockrell Law Firm, P.C., can come to your defense.
When is a commercial DUI valid in the state of South Carolina?
If you are a basic driver and a law enforcement officer pulls you over on suspicion of driving while intoxicated, then your DUI charge is valid if your blood alcohol content (BAC) level was at 0.08 percent or higher. However, if you are a commercial driver, a law enforcement officer is valid for charging you with a DUI if your BAC was at 0.04 percent or higher.
What penalties come with a commercial driver’s license DUI?
If you are a commercial driver and this is your first-offense DUI, then your commercial driver’s license may be suspended for one year. Notably, this penalty still applies if you were driving a standard motor vehicle at the time and not a commercial motor vehicle, along with if you refused to submit to a breath or chemical test. And if you are a repeat offender, your commercial driver’s license may be permanently revoked.
In addition, if you were transporting hazardous materials at the time of your DUI, then your commercial driver’s license may be suspended for three years. And if your BAC level was found to be at less than 0.04 percent, the law enforcement officer may issue you an “out-of-service” notice and you may be suspended from driving for the next 24 hours.
What other penalties come with a commercial driver’s license DUI?
Along with a license suspension, a commercial driver may receive jail time, fines, and even a criminal record after their offense. Specifically, such penalties include the following:
- First-offense commercial DUI:
- Jail time for 90 days to one year (i.e., county jail).
- Fines at $400 to $1,000.
- A permanent criminal record.
- Second-offense commercial DUI:
- Jail time for five days to three years (i.e., county or municipal jail).
- Fines at $2,100 to $5,100.
- A permanent criminal record.
Since your job as a commercial driver is, evidently, contingent on your ability to operate a commercial motor vehicle, your job opportunities will greatly diminish after you receive such jail time, fines, license suspension, and a permanent criminal record. Because of these life-altering consequences, you must build a solid legal defense against your commercial DUI charges immediately. Rest assured, a competent Chesterfield criminal defense lawyer can analyze the circumstances of your case and build a case from there. Schedule your initial consultation with us today.
