DUI and a CDL
While Illinois state law treats DUI's very seriously, Illinois DUI laws are especially harsh when the driver has a Commercial Driver's License (CDL). The penalties for a CDL license holder can be devastating because a DUI for a CDL holder can lead to the suspension or revocation of a CDL. For many CDL holders this could lead to the loss of a job.
If you have a CDL license, you should be aware of the consequences of a DUI for your CDL license. You need to understand that a DUI for a CDL license holder can have different consequences than for a regular license holder. If you have a CDL license and you are arrested and charged with a DUI, you should make sure that you hire a lawyer who understands how a DUI can affect your CDL license and will take all the steps necessary to preserve your CDL license. CDL DUI attorney, James Dimeas, has been handling DUI cases for CDL license holders throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over 26 years. CDL DUI lawyer, James Dimeas, has represented many clients with a CDL who have been charged with a DUI. James Dimeas understands how a DUI can affect your CDL and will take all the steps possible to protect and preserve your CDL license.
James Dimeas is a nationally-recognized, award-winning CDL DUI lawyer. Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018 and 2019." James Dimeas was been named a "Best DUI Attorney." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." The American Institute of Criminal Law Attorneys named James Dimeas a "10 best Attorney for Client Satisfaction." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." AVVO rates James Dimeas as "Superb," the highest rating possible for any CDL DUI lawyer in the United StatesYour CDL and Major Offenses
Traffic laws and the consequences for a DUI arrest and conviction are harsher for CDL holders than for standard license holders. You can lose your CDL license for certain violations. Those offenses are set forth as follows:
- Major Offenses.
- Serious traffic violations.
- Railroadhighway grade crossing violations.
- Violating outofservice orders.
A DUI case is considered a Major Offense. Other major offenses include Leaving the Scene of an Accident, using a commercial motor vehicle to commit a felony, causing a death because of the negligent operation of a commercial motor vehicle, or operating a commercial vehicle without a valid commercial driver's license. This can happen when your CDL has been suspended, revoked, or disqualified.How a DUI is More Serious for a CDL Holder Than a Standard License Holder
A regular license holder will be facing a 6-month Statutory Summary Suspension of their driver's license if the test for blood alcohol concentration (BAC) is 0.08% or above. If a regular license holder refuses to take a BAC test, they will be facing a 12-month Statutory Summary Suspension of their driver's license. A regular license holder can drive during the period of their Statutory Summary Suspension if they have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle.
Here's how the Statutory Summary Suspension DUI rules for a CDL holder differ from a regular license holder. The Statutory Summary Suspension will take effect for a CDL holder under the following situations:
- If the CDL holder's BAC was over the CDL legal limit of 0.04%, regardless of what happens in court.
- If the CDL holder refused to submit to a test to determine their Blood Alcohol Content (BAC).
- If the CDL holder is convicted for a DUI in Court.
- The CDL holder will not be allowed to be allowed to operate a commercial vehicle and continue to use their CDL license by placing a BAIID in their vehicle.
Unlike for regular license holders, a CDL license will be disqualified, or suspended, regardless of what happens in Court. The mere refusal to submit to a breathalyzer test will lead to the disqualification, or suspension of your CDL. If you submit to a blood alcohol test, and your BAC was above 0.04%, your license will be disqualified or suspended. All of these consequences will apply regardless of what happens in Court for your DUI. A CDL holder will not be allowed to use a BAIID.How Long Will Your CDL Be Disqualified or Suspended for a DUI?
Your CDL will be disqualified, or suspended, for the following period of time if you are disqualified, or suspended, for the Major Offense of a DUI:
- 1 Year For a 1st Violation. If you were transporting hazardous materials at the time of the DUI, the disqualification, or suspension, will be for 3 years.
- Lifetime Disqualification, or Suspension, For a 2nd Violation. You may be eligible to have your CDL reinstated after 10 years if you complete a stateapproved alcohol program.
The penalties for a CDL holder will apply if a CDL holder was operating a commercial or a non-commercial vehicle at the time of the DUI. A CDL holder will not be eligible to use a BAIID.How Can I Get My CDL Back from the Secretary of State After It Has Been Disqualified or Suspended?
You can contest the disqualification, or suspension, of your CDL by requesting an Administrative Hearing with the Illinois Secretary of State. However, you must wait until you are eligible to re-qualify for a CDL before requesting an Administrative Hearing to have your CDL reinstated. If you are convicted of a DUI in Court and your CDL is being disqualified, or suspended, because of a DUI conviction, you cannot contest the decision of the Court with the Illinois Secretary of State. The only way to contest a Court decision is through the Court system and not through the Illinois Secretary of State. To contest the disqualification, or suspension, of your CDL through the Illinois Secretary of State, you must fill out the proper forms, pay the required fee, and submit them to the Illinois Secretary of State.James G. Dimeas Will Provide Effective and Aggressive Defense of Your DUI Case and Help Save Your CDL By One of the Best DUI Lawyer in Chicago
Chicago CDL DUI lawyer, James Dimeas, has been fighting DUI cases, and protecting CDL holders, for over-29 years. James Dimeas has develop the skills necessary to thoroughly examine the police reports and the steps taken by the police to make a legal and valid DUI arrest. James Dimeas thoroughly understands what the police need to do to make a proper DUI arrest and understands how to attack the steps taken by the police in Court to win DUI cases. James Dimeas has develop the skills necessary to spot the mistakes made by the police and to use the mistakes made by the police to help win DUI cases. James Dimeas has handled DUI cases throughout all of the courthouses in Chicago, Cook County, DuPage County, Kane County, and Lake County. James Dimeas is thoroughly familiar with the policies and procedures of all of the police departments in the Chicago Metropolitan area and knows how they go about making DUI arrests and building DUI cases. He understands how to fight DUI cases in Court and to challenge the steps taken by the police and the prosecutors to try to prove a DUI case. James Dimeas is a highly experienced DUI lawyer who has spent decades handling DUI cases. James Dimeas is thoroughly familiar with the DUI laws in Illinois and knows what it takes to win DUI cases.Contact a Highly-Experienced, Award-Winning DUI Lawyer for Your DUI Case
James Dimeas is a nationally-recognized, award-winning, CDL DUI Lawyer. Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the "Top 10 DUI Defense Attorney" award. The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." Recently, James Dimeas was recognized by the American Society of Legal Advocates as a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018 and 2019." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas was named a "Best DUI Attorney." The American Institute of Criminal Law Attorneys recognized James Dimeas as a "10 Best Attorney for Client Satisfaction." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." AVVO rates James Dimeas as "Superb," the highest rating possible for any CDL DUI attorney in the United States.
If you are a CDL holder and being charged with a DUI in Chicago, Cook County, DuPage County, Kane County, or Lake County, you can contact CDL DUI attorney, James Dimeas, anytime for a free and confidential consultation. You can always talk to James Dimeas personally by calling him at 847-807-7405. James Dimeas can help you fight, and win, your DUI case!