Maine OUI on a Commercial License Defense Attorney
Serving the Biddeford, Bangor, Saco, Augusta and Portland Regions
What is a commercial driver's license? Known as a CDL or CPL, this is a type of license which is required in the U.S. when operating a vehicle which weighs more than 26,000 lbs. Bus drivers, truck drivers, and other commercial drivers all hold this license and without it they would not be able to carry out their job. This regulation began in 1986 when the Commercial Motor Vehicle Safety Act was signed into law. The goal of this act was not only to regulate how can drive these vehicles, but to ensure the safety of both drivers and everyone else on the road. In order to receive a CDL, there are certain requirements which must first be met.
Commercial drivers are trusted with a big responsibility. According to the Federal Motor Carrier Safety Administration, when a commercial driver is found to be misusing alcohol, they must immediately cease from duties which are safety-sensitive and they will have to meet with a substance abuse profession. Basically, even the smallest amount of alcohol in your system can lead to you being unable to work often without pay. In some cases, you may even lose your job and your career.
Maine Commercial OUI Laws
If you are a commercial driver who is arrested for OUI, you will face a number of penalties that could greatly affect your life and your career. The legal blood alcohol concentration limit for drivers over 21 in Maine is .08%. However, if you have a commercial license (CDL), the legal limit is only .04%. This is a very low percent and almost any amount of alcohol can lead to a driver being over the limit.
If you are arrested for driving with a .08% BAC, you can be charged with all the penalties of a regular OUI as well as face the charges for violating your commercial license terms. A violation of your commercial license will result in suspension and likely job termination since you will be unable to work for the duration of the suspension. Commercial rules are strict and you could even lose your license for getting an OUI in your own private vehicle.
Penalties for Commercial OUI in Maine
Because they are trusted to drive large trucks that require extra care in handling and because they drive mostly for business, commercial drivers have a much stricter set of rules when it comes to OUI. CDL and CLP drivers must obey all of the laws of the road just like other drivers in addition to following their own set of penalties.
If you are stopped by police while operating a CMV, you can be charged with OUI if any of the following apply:
- You are operating a CMV and have a blood alcohol concentration of .04% or greater or are intoxicated by any type of drug
- You violated Maine's OUI criminal law (driving with a BAC of .08% or more is you are over 21 or .01% if you are under 21 or any amount of drug intoxication)
- You are asked by police to submit to a chemical sobriety test and you refused
Violation of any of these rules will lead to administrative charges for your CLP or CDL license. If you also violated Maine law, you will face criminal charges as well.
If you are convicted of a commercial OUI, you will face license suspension. The following suspensions apply to alcohol related violations:
- First violation of driving while intoxicated - CDL or CLP license suspension of 1 year
- First violation of refusing sobriety test – CDL or CLP license suspension of 1 year
- First violation of driving hazardous material while intoxicated - CDL or CLP license suspension of 3 years
- Second or more violation of any of these polices – Lifetime CLP or CDL suspension
These penalties are very serious. Unlike average OUI license suspension, an attorney cannot help you get your license back early or obtain a limited driving permit. Losing your commercial license will lead to lose of a job or a year or for life.
CDL OUI Attorney in Portland, ME
This is extremely serious as your livelihood could be taken away from you and you may not be able to support your family. If you are arrested and convicted of a second DUI while in possession of a CDL, you will be shown zero tolerance and will never be able to get your license back. For these reasons, it is imperative that you do everything in your power to protect your best interests and fight against being convicted of this offense. In order to protect your rights and your career, call The Law Office of William T. Bly now.
When you speak to one of our OUI attorneys, you can rest assured knowing that you are working with the best. We know the ins and outs of the law and what defenses you have. For cases involving commercial licenses, we understand the severity of your situation and will work tirelessly to get you the best possible results. Call us now.