Driving under the influence is a serious offense. It can bring about serious accidents resulting in severe injuries and death. Given the dangers of DUI, individuals with commercial driver's licenses have even more responsibility to drive sober. With the skill required to obtain and maintain a commercial driver's license, holders are held to a stricter standard should they receive a driving under the influence charge. Therefore, DUI laws and penalties governing holders of commercial driver's licenses are more stringent. The law does not grant many chances for rehabilitation because commercial licenses are tied to a profession. Secondly, given the large-scale trucks driven by holders of commercial driver's licenses, there is a higher likelihood of damage and injury if an accident should occur.
DUI Law for Holders of Commercial Driver's Licenses
According to Mississippi law, an individual who holds a commercial driver's license found to have a blood alcohol content (BAC) of more than .04% while operating a commercial vehicle is guilty of a DUI. To receive a charge for a normal DUI (a DUI for holders of a standard driver's license), the offender must have a blood alcohol of .08% or more. The percentage of .04 is much lower than the BAC that governs holders of standard driver's licenses. As a result, a holder of a commercial driver's license can consume less alcohol than a holder of a standard license and still receive a DUI charge. In effect, the statute seeks to discourage drinking before operating a commercial vehicle as a matter of policy. This is more evident given the harsher penalties associated with the offense.
Penalties for Holders of Commercial Driver's Licenses
Violating a commercial license DUI statute can result in harsh penalties. A first DUI conviction in this context will result in a one-year license suspension. A subsequent DUI conviction will result in a permanent suspension of the commercial driver's license. A similar refusal penalty structure applies to holders of commercial licenses. However, they are much more severe. A first refusal to take a Breathalyzer will result in a one-year license suspension. A second refusal to take a Breathalyzer will result in a permanent license suspension. The more aggravating the circumstances surrounding the offense, the more likely the offender will receive harsher penalties, which can also include jail time and steep fines.
Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases. Driving under the influence while operating a commercial vehicle is a serious crime. If you have been charged with DUI as a holder of a commercial driver's license, you need an experienced attorney. Attorney Ferguson is well versed in commercial DUI cases. Attorney Ferguson understands the importance of putting the charge behind you. Call us now for a consultation.