Commercial DUI Attorneys in Oklahoma

How Being a CDL Holder Impacts the Charges Against You

The State of Oklahoma takes driving under the influence (DUI) for those holding a CDL very seriously. For those possessing a commercial driver’s license (CDL), the consequences can be even more severe. It is extremely important to realize that there are two cases against you as a CDL driver.

The first is administrative (license revocation and disqualification of the CDL) and the second is a criminal charge (jail time, fines, etc.). What most CDL drivers don’t understand is that the administrative case is the most important part of their case that they need to win first. If the appeal is won, it can positively affect your ability to drive, potentially lift your CDL disqualification, and could positively affect your criminal case. If you don’t do anything about your driver’s license, you will most likely have your CDL disqualified for at least 1 year or more.

Our Oklahoma commercial DUI lawyers can help you tackle the charges against you. Call (405) 544-2992 or fill out our online contact form to schedule an appointment.

What CDL Holders Need to Know Right Away

As a CDL holder, there are several things that can result in the loss of your license, but a DUI case triggers some of the harshest penalties. For starters, while drivers have the legal right to refuse a breath or blood test to determine BAC, for CDL holders that will lead to an immediate disqualification of your license. And if you are driving or otherwise controlling a commercial vehicle, a BAC as low as .04, .05, .06, or .07 can disqualify your CDL. And even in your personal vehicle, as a CDL holder, the prosecution may pursue DUI or DWI charges against you if your BAC is a .06 or higher and this will affect your CDL license.

This disqualification lasts for a year or more, up to a permanent ban from commercial driving. Particularly lengthy default punishments of three years are imposed on those holding a hazardous materials placard.

Don’t Take Any Deal Without Understanding the Repercussions First - Any Type of Plea Deal Will Disqualify Your CDL

Perhaps the most important thing that CDL holders should know when facing a DUI in the state of Oklahoma is that any type of plea– guilty, no contest, a deferred sentence or an Alford plea – is considered a conviction by the government body and automatically triggers a disqualification of your CDL of one year at minimum. And a second DUI or APC conviction for a CDL holder will result in a lifetime ban.

Commercial Vehicle or Personal Vehicle

Whether in your commercial vehicle or your personal vehicle, the consequences of a DUI conviction are severe for CDL holders. If you have been charged with DUI, you must contact an attorney immediately to contest your license revocation or disqualification of the CDL. It does not matter if the DUI or APC was in a commercial vehicle or your personal vehicle. Again, the license appeal is the most important to take care of right after an arrest.

What We Can Do

The first and most important thing we do when building your defense is to take on Service Oklahoma. By filing an appeal of your revocation and securing a date for a hearing, we can devise a strategy to contest and fight your driver’s license revocation and disqualification. At this appeal hearing, our attorneys can obtain valuable evidence about what kind of evidence the state has and even question the arresting officer to try and convince the judge that there is not enough supporting evidence to charge you with DUI, DWI, or APC. Please note that your attorney can handle this hearing and you do not need to be present.

Next, it’s time to go about securing your freedom. Our investigators will start combing through the details of your case with a fine-tooth comb, tracking down witnesses, collecting evidence, and reviewing every detail of the case against you from bodycam footage to police reports, in pursuit of any errors that could damage the case against you.

Criminal Consequences for CDL Drivers

Below is an overview of the criminal consequences that can stem from a DUI or DWI charge in Oklahoma:

First Offense (Misdemeanor if no injuries or death)

The criminal ramifications for a DUI first offense are as follows:

• 10 days to 1 year in jail.
• Fines of up to $1,000 or more.

Other possible consequences: Court costs, DUI school, probation, community service, and the victim impact panel.  CDL drivers are not eligible for the Impaired Driver Accountability Program, which includes an ignition interlock device.  The punishment for DUI is extremely harsh for CDL drivers, whether it is in your private vehicle or commercial vehicle.

Second Offense (Misdemeanor if no injuries or death. If you have been convicted of DUI in the last 10 years, you can be charged with felony DUI)

The criminal ramifications for a DUI second offense are as follows:

1 to 5 years in jail.

Fines of up to $2,500 or more.

Other possible consequences: Court costs, DUI school, probation, community service, and the victim impact panel.  CDL drivers are not eligible for the Impaired Driver Accountability Program, which includes an ignition interlock device.  The punishment for DUI is extremely harsh for CDL drivers, whether it is in their private vehicles or commercial vehicles.

Third and Subsequent Offenses (Felony)

The criminal ramifications for a DUI third offense are as follows:

• 1 to 7 years in jail or longer.
• Fines of up to $5,000 or more.

Other possible consequences: Court costs, DUI school, probation, community service, and the victim impact panel.  CDL drivers are not eligible for the Impaired Driver Accountability Program, which includes an ignition interlock device. Again, the punishment for DUI is extremely harsh for CDL drivers whether it is in your private vehicle or commercial vehicle.

Other Helpful CDL Information

Can I Get a CDL in Oklahoma if I had a DUI or DWI 10 Years Ago?

There is not a definitive answer.  It depends on many variables including what type of conviction was secured (e.g. guilty, nolo contendere, deferred sentence, dismissal, etc.). Other variables include whether you received treatment for drugs or alcohol.  Finally, the length of time since the conviction matters tremendously.  Federal law states that you may not receive a CDL for a specific amount of time if you have been convicted of certain crimes that include alcohol or drugs.

I am Considering Becoming a CDL Driver.  Can I Get a CDL If I had a Prior DUI Before Applying for a CDL?

Again, this depends on many variables including the type of conviction, whether you fulfilled all of your requirements from the court, and the length of time since the last conviction.  A CDL is a federal designation.  The federal laws overlay the Oklahoma state laws.

Schedule a Free, No-Obligation Case Evaluation

At Hunsucker Legal Group, we’ve employed a number of strategies in defending the rights of CDL drivers faced with DUI or DWI. We challenge everything about the case against you, from the procedures and policies used in the initial traffic stop and the administration of the blood or breath test to the arresting officer’s report and even the evidence that you were actually driving at the time. We’ll even examine any health problems that you might have which could skew the BAC test results. 

Whatever it takes to secure your freedom and restore your livelihood, that’s what we do. It’s how we win the cases that no one said we could. We are the only firm in Western Oklahoma that has a full time drivers license attorney, Brian Morton , that challenges Service Oklahoma on a daily basis and has won numerous cases in front of the Oklahoma Supreme Court and Court of Civil Appeals on Driver’s license issues.

Facing DUI or DWI charges can be frightening, particularly for CDL holders. But there is hope.

Fill out our contact form or call (405) 544-2992 to schedule a confidential, no-obligation call with one of our commercial DUI attorneys in Oklahoma, and let’s get you back on the road where you belong.