Maryland DUI Consequences & your CDL License
So you got a DUI/DWI charge in Howard County, Baltimore County, Anne Arundel County or any other county in Maryland and you have a CDL (commercial driver's license). Your CDL is required for you to work, so what happens now? Well, in a word, you have a problem. First, the fact that you were not driving a CDL vehicle at the time of your DUI arrest does NOT matter, you still have the same problem. Yes, it's not fair but that's the way your Federal Government set it up. Now, where to go from here? It's a little confusing so if the following CDL-DUI advice is not working for you, feel free to give us a call.
A conviction or a PBJ on the 21-902A, C or D offense will result in you loosing your CDL license for one full year. The fact that you need your CDL to work for a living, to provide for your family or the fact that you were not driving a CDL at the time of your stop or arrest is not relevant to the consequences. The mere fact that you possessed a CDL at the time of the arrest is enough.
A conviction for the 21-902(B) offense or a PBJ does NOT result in the immediate loss of your CDL, that's the good news. In fact, a PBJ (probation before judgment) on the 21-902(B) offense is a good thing for a CDL holder, you want that assuming your case may not otherwise be won. Also, a conviction on the B offense is workable too, it does not automatically result in the loss of your CDL, it does result in 8 points on your record however which then results in a points suspension hearing (which you must request) where you can ask for a lesser period of suspension of your license. The MVA is typically looking a 6 months suspension for 8 points related to DUI or alcohol which means 6 months suspension of your CDL license in this DUI arrest.
Now, having said that, what about the administrative MVA hearing secondary to DUI stop, ie. the administrative suspension (this is that onion skin Officer's Order of Suspension paper you received when they liberated your license from your wallet).
1. If you blew less than a .15, that's good. You can request an MVA hearing within 10 days of your arrest and request any modification you might seek, worse case scenario is that the MVA does not see it your way and you loose your license for 45 days. When you loose your license you loose your CDL. If you get a modified driver's license, you still loose your CDL. It is very important to understand that for whatever period of time you have a "modified" driver's license or a suspended license, you will loose your CDL license. However, for 45 days you might be able to swing something with your employer, ie. maybe you can drive a regular vehicle or do other work.
Continue reading "Maryland DUI Consequences & your CDL License" »
