For commercial drivers, a Commercial Driver’s License (CDL) DWI in North Carolina carries high stakes that extend beyond the standard penalties. CDL holders face lower blood alcohol content (BAC) thresholds, lengthy license suspensions, and potential job loss.
Our experienced Charlotte DWI defense attorneys at Browning & Long, PLLC, understand the unique challenges you face if charged with CDL DWI in North Carolina. We know that a single mistake behind the wheel can jeopardize your livelihood. Here, we explain the commercial driver DUI penalties you face after a DWI arrest in North Carolina and how our legal team can help protect your rights and driving privileges.
What Are the Stricter BAC Limits for a CDL DWI in North Carolina?
While most drivers are considered legally impaired with a BAC of 0.08% or higher, commercial drivers are held to a stricter standard. Under N.C.G.S. § 20-138.2, you can be charged with CDL DWI in North Carolina with a BAC of just 0.04% or higher when operating a commercial vehicle. This lower threshold means that even a small amount of alcohol consumption can lead to a DWI arrest.
What Are the Mandatory Disqualification Periods and Criminal Penalties for a CDL DWI in North Carolina?
A CDL DWI conviction leads to a mandatory commercial driver's license disqualification under North Carolina law and potential fines and jail time. The length of the disqualification period and severity of criminal penalties depend on the specific circumstances of the offense and your previous record.
First Offense
For a first-time CDL DWI in North Carolina, your CDL license will automatically be suspended for 30 days if your BAC is 0.04% or higher. The suspension will be extended to 12 months if you’re convicted. Even if you have a clean driving record and no prior DWIs, you'll lose your commercial driving privileges for at least 12 months. You won’t be eligible for limited driving privileges.
In addition to the CDL suspension, a first-offense DWI conviction carries criminal penalties. Depending on aggravating factors, you could be sentenced to a steep fine, a jail sentence, or probation.
Second Offense
A second CDL DWI conviction results in a lifetime disqualification from operating a commercial motor vehicle. This penalty applies regardless of how much time has passed since the first offense, underscoring the severity of repeat drunk driving for commercial drivers. The penalties for a second-offense DWI include hefty fines and a lengthy jail sentence.
Aggravating Factors
Certain aggravating factors can extend the disqualification period and increase the criminal penalties even for a first offense. If the DWI occurred while transporting hazardous materials, the disqualification period increases to three years. Aggravating factors such as a BAC of 0.15% or higher, speeding, or causing an injury accident can also lead to higher fines and longer jail sentences.
How a CDL DWI Impacts Your Employment and Career Opportunities
For many commercial drivers, a DWI conviction can be career-ending. Losing your CDL for a year or more can lead to job termination, as most employers cannot hold a position open for that length of time. Even if you regain your CDL after the disqualification period, having a DWI on your record can make finding new employment in the commercial driving industry challenging.
The long-term consequences of a CDL DWI extend beyond the initial license suspension. Many employers conduct background checks that can reveal a drunk driving conviction for years to come, limiting your career opportunities and earning potential.
How a Charlotte DWI Defense Lawyer Can Help
Don't let a single mistake derail your career as a commercial driver in North Carolina. If you're a commercial driver facing DWI charges in Charlotte or Mecklenburg County, you must seek experienced legal representation immediately. Our attorneys at Browning & Long, PLLC have a track record of successfully defending CDL holders against drunk driving charges. Here are some of the ways our legal team can help:
- Investigating the arrest. Our lawyers will thoroughly review the circumstances of your arrest, looking for any procedural errors or violations of your rights. This may include examining the probable cause for the traffic stop, the administration of field sobriety tests, and the accuracy of BAC testing equipment. If we uncover any irregularities, we may be able to have evidence suppressed or charges dismissed.
- Exploring defense strategies. We'll analyze the evidence against you and develop a tailored defense strategy based on the unique facts of your case. This may involve challenging the accuracy of BAC tests, questioning the arresting officer's observations, or presenting evidence of medical conditions that can mimic signs of intoxication. Our goal is to create reasonable doubt and negotiate a favorable outcome on your behalf.
- Minimizing consequences. In some cases, it may be possible to have charges reduced or enter a plea agreement that minimizes the impact on your CDL and career. Our DWI defense attorneys will explore all available options and fight for the best possible resolution. We understand the high stakes involved in a commercial DWI case and will do everything possible to protect your livelihood and future.
