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Truckers are held to a higher standard when it comes to DUI

On Behalf of | Sep 10, 2021 | Criminal Defense

Many industries these days are short of workers and the trucking industry is no different. Not as many people are willing to spend days or weeks on the road away from their family, even though trucking can be a lucrative occupation. Moreover, truckers must obtain a commercial motor vehicle license, which may have been more difficult to obtain over the past 18 months due to DMV office closures.

However, what makes matters even worse is if a trucker who currently is working to keep our nation’s supply chain running is charged with drunk driving. The following is a brief breakdown of what will happen if a trucker in Florida is pulled over and arrested for DUI.

Drunk driving laws for those with a CMV license

Those with a CMV license are held to a higher standard than those with a personal driver’s license. As you may already know, a person with a personal driver’s license can be arrested for drunk driving if their blood alcohol concentration is 0.08 or above.

However, if a person with a CMV license has a BAC of a mere 0.04 or above, they can receive a DUI. Moreover, a person with a CMV license can be charged with drunk driving if they were driving in a manner deemed unsafe due to alcohol or drug use even if their BAC is below 0.04. In addition, they can face penalties if they refuse to submit to a breath test or blood test if pulled over to determine their BAC.

Penalties for drunk driving

A person with a CMV license who is convicted of drunk driving can lose their license and even their livelihood. A trucker will lose their CMV license for one year if they have been convicted of DUI with a BAC of 0.04 or higher.

A trucker will also lose their CMV license for one year if they have been convicted of DUI due to driving under the influence of alcohol or drugs regardless of their BAC. A person with a CMV license will also lose their license for one year if they refuse to submit to a breath test when asked.

If it is a trucker’s second or subsequent DUI, they will permanently lose their CMV license. Given this, it is easy to see how, without a CMV license, a trucker will lose their job.

Truckers should take care when consuming alcohol

As this shows, it is to a trucker’s benefit to stay sober while on the road. Of course, sometimes you have a drink or two and feel fine to drive until you are pulled over by police. It does not take many drinks to lead to a BAC of 0.04 or above.

Truckers need to be careful when consuming alcohol during meal and rest breaks, so they do not face being arrested for DUI. If a trucker in Florida is arrested for DUI, they will want to make sure they understand all their legal rights and options so they can formulate a solid defense strategy that will help them move forward on the right foot.

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