If you hold a commercial driver’s license (CDL) in Washington, the rules of the road are stricter for you – even when you’re not behind the wheel of a commercial vehicle. Many commercial drivers are surprised to learn that a DUI in their personal vehicle can still have serious consequences for their CDL status and career. Please contact a skilled criminal defense attorney now if you’re facing any charges involving drunk or impaired driving.
Could a Washington DUI in a Personal Vehicle Result in the Loss of a CDL?
Quite possibly, yes. Under RCW 46.25.090, a CDL holder can face disqualification even if the DUI occurred in a non-commercial vehicle.
The law doesn’t limit penalties to when you’re operating a semi-truck, delivery van, or other commercial motor vehicle (CMV). If you’re convicted of driving under the influence, no matter what vehicle you were driving, the Department of Licensing (DOL) can suspend or disqualify your CDL.
How the Law Works
Washington law divides DUI penalties for CDL holders into two main categories.
The first category involves a DUI in a commercial vehicle. Here, you’re guilty of a commercial vehicle DUI if you’re found guilty of driving a commercial vehicle with a BAC limit above 0.04% (not 0.08%). A first conviction leads to a 1-year CDL disqualification, even if you were not criminally convicted in court but merely failed a breath test or refused testing.
The second category involves a DUI in a personal vehicle. Here, you’re guilty of DUI if you drive a motor vehicle with a BAC limit above 0.08%. If convicted, your personal driver’s license is suspended, and that automatically triggers a 1-year CDL disqualification as well.
What This All Means for Commercial Drivers
Losing your CDL, even temporarily, can mean losing your job and income. Most employers cannot legally let you drive a commercial vehicle without a valid CDL, even if the DUI occurred off-duty or in your own car.
This makes it critical to fight the DUI charges early, often starting with the DOL hearing that must be requested within seven days of your arrest.
Defenses and Legal Options
An experienced Washington DUI attorney can explore several potential defenses with you to help you keep your CDL. Some of these defenses include:
- Challenging the legality of the traffic stop or arrest,
- Contesting breath or blood test results,
- Arguing procedural errors in how evidence was handled, and
- Negotiating for reduced charges (for example, reckless driving) that may not result in CDL disqualification.
Because CDL penalties are federal and state-driven, even a deferred prosecution or amended charge must be carefully evaluated for its impact on your CDL.
Contact Black & Askerov for Help
If you drive for a living, you have more at stake than the average driver. A single mistake in your personal vehicle can jeopardize your entire career. Before you plead guilty or accept a deal, talk to a defense lawyer who understands both Washington DUI law and CDL regulations.
The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on DUI charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!