One of the conditions for a driver to face driving under the influence (DUI) charges in Pennsylvania is that their blood alcohol concentration (BAC) level should be at least .08%. It’s generally agreed that at BAC .08%, a person is impaired enough that their driving ability suffers as a result.
But commercial driver’s license (CDL) holders aren’t subject to the same rules.
Different DUI rules apply to CDL holders. What are these rules, and what sort of penalties await CDL holders convicted of DUI?
The stakes are higher for CDL holders facing DUI charges
Unlike for regular drivers, the legal BAC limit for commercial drivers is .04%. This stricter limitation forces CDL holders to maintain the highest standards of safety. However, it also means having a couple of alcoholic drinks – just enough to cause a buzz but not too much to impair the senses severely – can trigger a DUI charge.
The penalties for a first-time CDL DUI
If a court convicts a CDL holder of DUI for the first time, the penalties the driver faces are based on the level of impairment the driver had at the time of the offense. These penalties are:
- The driver had between .04% and .099% BAC: Up to six months of probation (no minimum), a $300 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
- The driver had between .10% and .159% BAC: 48 hours up to six months of prison, a $5,000 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
- The driver had .16% BAC or higher: 72 hours to up to six months of prison, a $5,000 fine, a requirement to attend an alcohol highway safety school, and the driver must undergo treatment when ordered by the court.
In addition to these penalties, the Pennsylvania Department of Transportation (PennDOT) also disqualifies the driver’s CDL for one year, and the driver must pay another $100 administrative fine.
The consequences of a DUI can be career-altering, so it’s crucial for those holding a CDL to stay informed and exercise caution. A legal professional experienced in criminal defense may be able to help CDL holders who are facing charges by explaining how the court procedure works and what their rights are.
