In recent decades there has been a concerted effort across the United States to strengthen the alcohol related driving laws as well as increase penalties for a violation of those laws. By now, anyone who operates a motor vehicle on the nation’s roadways should be aware that an arrest for driving under the influence, or DUI, can have serious consequences. While the average motorist has much to lose if convicted of DUI, the holder of a commercial driver’s license, or CDL, has even more reason to fear a DUI arrest and conviction. If you have a CDL, and make your living driving a commercial vehicle, you need to know the answer to the following question – “How does a DUI conviction affect your commercial driver’s license in Nebraska?”
The U.S. we continue to be heavily dependent on tractor-trailers to move goods and supplies from Point A to Point B. As a result, there are an estimated five to eight million semi-trucks registered throughout the country. Tractor-trailers, however, are not the only type of vehicle for which a CDL is required. The wide range of vehicles for which a CDL is required also means there are millions of drivers operating with a commercial driver’s license. The vast majority of those people depend on their CDL designation to make a living. If you are among those people, losing your CDL will likely mean losing your livelihood. One quick way for that to happen is to be convicted of DUI in Nebraska.
According to the Nebraska Department of Motor Vehicles, or DMV, major disqualifying offenses for CDL holders operating any vehicle include:
- ·Driving any motor vehicle under the influence of alcohol or a controlled substance.
- ·Refusing to take an alcohol or drug test after operating any motor vehicle.
- ·Leaving the scene of an accident driving any motor vehicle.
- ·Committing a felony offense involving the use of any motor vehicle.
The important thing to understand about the above information is that it means you can lose your CDL designation if you are convicted of DUI while operating any vehicle, not only a commercial motor vehicle, or CMV. In other words, being convicted of driving under the influence while off duty and operating the family mini-van can still result in losing your CDL privileges.
If you are operating a CMV, you can also lose your CDL privileges for committing any of the following major offenses:
Driving a CMV while the driver’s CDL is revoked, suspended, canceled, or the driver is disqualified from operating a CMV.
Causing a fatality through the negligent operation of a CMV, including motor vehicle homicide.
Just to be clear, the above information means you can lose your CDL privileges for being convicted of DUI while operating any vehicle OR for registering a BAC of 0.04 percent while operating a commercial motor vehicle.
If you have been charged with driving under the influence in Nebraska and you hold a CDL, it is imperative that you consult with an experienced DUI defense attorney as soon as possible. Contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney.