How a DUI Affects Your Commercial Driver’s License (CDL) in Illinois
CDL Disqualification After a DUI: What Commercial Drivers Need to Know
A DUI can have serious consequences for persons with a commercial driver’s license. For ordinary drivers, dispositions like Court Supervision are available to keep DUI convictions off their record and prevent their license from becoming revoked. This disposition, however, is unavailable for CDL drivers. While a CDL holder may receive Court Supervision for their DUI, this will not prevent their CDL from being disqualified. For a first offense DUI, a CDL holder will have their license disqualified for a period one year. If the driver was hauling hazardous materials, then the disqualification would be for 3 years. A second violation, regardless of the circumstances, will result in a lifetime disqualification.
A CDL driver does not have to be convicted of a DUI to be disqualified from operating Commercial Motor Vehicles (CMV). Since Illinois is an “implied consent” state, any driver on the public roadway is required to submit to a breathalyzer when asked. If the driver refuses chemical testing, their license will be subject to a Statutory Summary Suspension (SSS). In addition to the SSS, a CDL holder will have their license disqualified for any of the following:
- The driver refuses to submit to a breathalyzer,
- The driver has a BAC over .08 while operating their personal vehicle.
- The driver has a BAC over .04 while operating a CMV.
It is possible for a CDL driver to be found not guilty of a DUI and still have their CDL disqualified. In order to prevent the disqualification of a CDL you must avoid a conviction to the DUI charge AND get the Statutory Summary Suspension removed from your license. There are several ways to avoid a DUI conviction that include:
- Getting the Charge amended or reduced to a reckless driving or some other offense that does not involve a mandatory CDL disqualification.
- Argue a motion to quash the arrest and suppress evidence based on lack of probable cause to arrest for DUI or effectuate a traffic stop.
- Get the prosecutor to voluntarily dismiss the case.
- Get acquitted at trial.
In addition to avoiding a DUI conviction, you will also have to remove the Statutory Summary Suspension from your license in order to preserve your CDL. In order to do this, you must file a petition to rescind statutory summary suspension within 90 days of being served notice of suspension. If you do not file a timely petition, you will lose your right to challenge the suspension. Once the petition is filed, it will have to be granted by the court, which can be accomplished through any of the following:
- Have the prosecutor agree to rescind the suspension as part of a plea OR
- Have a hearing on the petition and present evidence to the court and prove beyond a preponderance of evidence any of the following
- The arresting officer did not have a valid basis to initiate a traffic stop.
- The arresting officer did not have probable cause to arrest for DUI
- That you submitted to chemical testing that did not show you were over the limit
- That you did not refuse to submit to chemical testing
- That you were not read the warning to motorist prior to chemical testing (or the warning to motorist was not signed)
- That the police submitted a defective notice of summary suspension to the Secretary of State
- That you were on private property
It is a very difficult to avoid a DUI charge and remove the Statutory Summary Suspension from your license, however, this is not impossible. An experienced DUI attorney will be able to build a solid defense to fight the case and possibly negotiate a deal with the prosecution that will prevent your CDL from being disqualified.