Because of the Commercial Motor Vehicle Safety Act (CMVSA) and G.L. c. 90F § 9, a breathalyzer refusal or DUI conviction can have severe consequences for truck drivers and other Commercial Driver’s License (CDL) holders. If you depend on a CDL for your livelihood, you should consult with an experienced DWI attorney.
For example, a first offense drunk driving conviction or breathalyzer refusal will result in an automatic 1 year CDL license suspension or disqualification. A second offense DUI conviction or chemical test refusal will result in a lifetime CDL suspension and disqualification. Breathalyzer refusals and convictions arising out of the same incident will count as a single violation for CDL suspension and disqualification purposes.
Also CDL licensees convicted of driving a CMV with an BAC of 0.04 or greater will have his CDL suspended for one to three years for a first conviction, depending on whether he is transporting hazardous materials.
The Massachusetts Registry and other DMVs check and contribute data to the National Driver Register, to find and document violations which trigger CDL suspensions and disqualifications.
Federal regulations define “conviction” as “an un-vacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an un-vacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. ”
States are prohibited from masking, deferring adjudication, or allowing an individual to enter into a diversion program that would prevent a conviction for any violation, in either a CDL vehicle or passenger car, of any motor vehicle law (except a parking violation) from appearing on the driver’s record. This means that a continuance without a finding, CWOF, or admission to sufficient facts will count as a conviction under the CDL law.
In some cases, it is possible to reduce or eliminate CDL license suspensions and I have personally assisted a large number of CDL drivers with the reinstatements of their licenses. Contact me today for a free consultation and review of your case.
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