Navigating
the legal system can be challenging, especially without the help of an attorney.
Many areas of the law are murky at best and can be interpreted differently by
different people. One area that seems to be especially confusing is the
punishments for those convicted of driving under the influence and hold a
commercial driver’s license.
TENNESSEE LAW STATES:
If a person has a CDL and they are convicted of a DUI, first
offense with a blood alcohol level of .04 or greater (other controlled
substances included) while driving a commercial motor vehicle, their CDL will
be suspended for one year.
If a person has a CDL and they are convicted of a DUI,
second offense with a blood alcohol level of .04 or greater (other controlled
substances included) while driving a commercial motor vehicle, their CDL will
be suspended for life, or a period of at least 10 years.
Tennessee
Law is fairly clear about the punishments for DUI convictions while driving a
commercial motor vehicle; however, there are “hidden” regulations within the
law that many are surprised to learn. Even though Tennessee Law does not state
that a person will lose their CDL if they are convicted of DUI while driving a personal motor vehicle, the Tennessee
Department of Safety will suspend a CDL if a person is convicted of DUI while
driving a personal motor vehicle. No exceptions. This is because the Code of
Federal Regulations states that “CDL holders are, unlike most licensed
passenger car drivers, professional drivers” and that “CDL drivers should not
engage in risky, unsafe behavior while pursuing their profession—driving.”
According
to federal regulations, a loss of CDL will occur for those who are convicted of
DUI with equal punishment, even if they are convicted while driving a personal
motor vehicle. For example, if a CDL holder is convicted of DUI, first offense
while driving their personal motor vehicle and lose their driver license for a
period of one year, they will also lose their CDL for one year. The same is
true for a DUI, second offense in a personal motor vehicle, which results in a
lifetime suspension. Although the law is often times difficult to understand
and interpret, the Tennessee Department of Safety outlines the consequences
clearly in the Commercial Driver’s License Manual: “If you are convicted of a
second violation in your personal vehicle or commercial motor vehicle, you will
lose your CDL for life.” Understanding the law is especially important if your
career is on the line and seeking experienced legal advice can be the
difference between losing your CDL and saving your career.
