The Very Real Consequence Of A CDL DUI

By Linda Hughes


None of us are perfect, and most of us are going to be arrested at some point during our lives. For many of us, that arrest will occur as a result of driving under the influence, and the consequence of this is as embarrassing as it is expensive. However, anyone who drives for a living may find their whole world turned upside down because of a CDL DUI.

For a driver to ruin their career does not always mean that they were arrested while in the scope of his or her employment either. Just because one is caught driving under the influence in their private vehicle does not mean that they will not lose their job. The fact is, authorities will report the arrest to the Department of Transportation.

There is no doubt that the DOT will honor the license suspension that is part and parcel of any such arrest. They may have additional consequences as part of their official policy. At the very least, part of this policy is going to be reporting the arrest to the company that the accused is working for, and allowing them to approach the matter based on their own corporate policies and procedures.

It is important for drivers to know the difference between driving under the influence and driving while intoxicated. Some states require that the individual test above the legal limit in order for the arrest to be legal. This is a state with DWI laws, so anyone who is prudent about the amount of intake during a specific time period should be safe from arrest.

Most states have switched to the driving under the influence laws, and they enforce these laws with a zero tolerance attitude that is stern to the point of being almost unconstitutional. It allows the arresting officer to make the arrest even if a driver breaths a 0.01, or a 0.00. It covers the possibility that a driver may have been under the influence of other drugs, and allows for urinalysis upon arrest.

Marijuana laws are changing, and this has created loopholes that law enforcement can use in order to maximize their arrests. If a driver indulges in marijuana in a state where it is legal, then travels to a state where it is not, they may find themselves in a heap of trouble. If the officer has any reason to suspect that the driver may have consumed marijuana in the recent past, they just might take that opportunity to push their luck.

Even if the marijuana consumption was done in the weeks prior to being detained, there are many offices who will attempt to charge the driver anyway. Marijuana can stay in the system for up to a month. This means that many officers will attempt to make a driving under the influence of marijuana charge stick even if the driver did not smoke any pot that day.

Commercial drivers cannot safely consume any drugs, or any amount of alcohol and drive. Abstinence from both is the only way they can truly protect themselves from opportunistic law enforcement personnel who patrol the streets in search of revenue for their jurisdiction. When drinking, calling a cab or a friend is the only good policy, even if it was just a beer over dinner with friends or family.




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