While some people use driving as a way of simply getting from place to place, others use driving as a means of making a living. After all, the United States on a whole relies on the trucking industry to help keep the economy running, and the need for commercial van and bus drivers seems to be continuously present from year to year.
Holding a commercial driver’s license (CDL) comes with a fair share of responsibility. Since buses and trucks are significantly larger than the average automobile, the stakes tend to be a lot higher in the event of an on-the-road accident or mishap. Furthermore, since some commercial drivers are required to transport hazardous materials as part of their livelihood, the consequences could become much more grave in the event of a highway disaster.
It should go without saying that CDL holders are expected to drive safely while operating their vehicles on the road. Any CDL holder caught engaging in careless or reckless driving practices could find himself in hot water as far as fines and punishment are concerned. However, when it comes to DUI convictions, CDL holders have a lot to lose by breaking the law and getting caught – especially in the state of Pennsylvania.
Charles Nistico of the firm Nistico Roberts, P.C. is an experienced DUI attorney who has been serving Pennsylvania’s Philadelphia, Chester, Delaware, Montgomery, and Bucks counties for over three decades, and according to him, the already-strict DUI laws in Pennsylvania are even less flexible when it comes to those who operate vehicles for a living. The logic makes sense: Since CDL holders are driving larger trucks and buses regularly, it’s natural for the state to hold them to a higher standard. And while a regular drunk driver certainly has the ability to cause damage while out on the road, a drunk CDL holder’s damage potential increases exponentially with every sip of alcohol he takes before hitting the highway.
So just how harsh are those DUI penalties for commercial drivers? A first-time DUI conviction for a CDL holder can result in a license suspension for a year’s time. While that might not sound so bad, a second or follow-up DUI conviction can result in a permanent suspension of a person’s CDL. That’s right – CDL holders in Pennsylvania who get caught driving while under the influence more than once can lose their jobs permanently. Additionally, if a CDL holder is caught driving under the influence while transporting hazardous materials in his vehicle, then his first-time offense can result in a three-year license suspension; a follow-up offense under similar circumstances would result in the same permanent CDL suspension.
Not only are the punishments for DUI rather harsh for Pennsylvania CDL holders, it actually doesn’t take much for a commercial driver to get convicted. While a regular driver can be found guilty of DUI if his blood alcohol concentration (BAC) reaches or exceeds 0.08%, a commercial driver can be convicted if he is caught operating his vehicle with a blood alcohol concentration of just .02%.. Furthermore, if a CDL holder is found to have any measurable amount of alcohol in his system while on the job (even if his BAC is less than .02%), then he can be forced, by law, to vacate the road and go off duty for 24 hours.
Of course, it makes sense for the state to impose lower tolerance limits on CDL holders when it comes to DUI convictions, as driving a commercial vehicle requires an added sense of skill and responsibility. However, the state of Pennsylvania takes its CDL-related DUI laws so seriously that even if a CDL holder is convicted of DUI while off duty and in his own car, any suspensions that apply to his personal license will carry over to his commercial driver’s license as well. Therefore, when it comes to operating any sort of vehicle, be it a large truck or a small sports car, Pennsylvania CDL holders have a whole lot to lose by driving while under the influence.
While the penalties involved in CDL-related DUI convictions in Pennsylvania might seem unjust to some, it’s important to remember that such laws are meant to serve not only as punishment, but as a perpetual incentive for CDL holders to drive safely and responsibly. And as life changing as the consequences of DUI convictions might be for CDL holders, there’s a simple way around the problem – if you drive for a living, then always make it your business to drive sober.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
