Commercial DWI laws differ from the laws that govern the drivers of passenger vehicles. If you hold a Commercial Drivers’ License (CDL), your license is your livelihood. Minnesota Statute section 169A.20 subdivision 1(6) says that it is a crime for anyone to drive, be in control of, or operate any motor vehicle within Minnesota or its boundaries when the vehicle is a commercial vehicle and the driver’s blood alcohol concentration at that time or within two hours of operating the commercial vehicle is .04 or above. This is much lower than the .08 for non-commercial drivers.
If the driver is of a commercial vehicle is transporting “hazardous materials” at the time of the DWI arrest, the cancellation of the CDL is for three years.
Otherwise, a first-time conviction for DWI will result in the loss of the CDL for 1 year, even if the CDL holder was not driving a commercial vehicle at the time of the arrest! This will certainly have a negative impact on the commercial driver’s livelihood. If the CDL holder refuses to submit to alcohol testing, the cancellation of the commercial license is also for one year. Any offenses after the first will result in a lifetime revocation of the CDL.
If you charged with a DWI while holding a commercial vehicle license, a lot is at stake, which is why you need to call Minneapolis DWI Attorney F. T. Sessoms at (612) 344-1505.
Implied Consent For Commercial Drivers
While implied consent does apply to commercial drivers, the administrative penalties are different. One reason why it is different is due to commercial drivers being subject to federal regulations in addition to state regulations. Minnesota Statute section 171.165 subdivision 2 says that a commercial driver can be disqualified from operating a commercial vehicle under section 169A.52 or a statute or ordinance from a different jurisdiction that conforms with it. This is governed under Federal Regulations, title 49, part 383, subpart D in relation to a DWI conviction or refusing to be tested.
If an “out-of-service” order is issued because the driver was disqualified from operating their vehicle or there is receipt of a record of conviction for a violation, then the driver is to not operate a commercial vehicle for 24 hours after the order was issued. Comparable time periods are put into effect in Minnesota, depending upon the severity of the DWI offense, including test refusal.
License Plate Impoundment
Minnesota Statute section 169A.60 subdivision 1 lists the following reasons for commercial license plate impoundment:
- Driving while impaired
- Revocation of license due to sobriety test failure or refusal
- A conforming ordinance from Minnesota or from another state
- Repeat offenses within the preceding 10 years
Contact Minneapolis DWI Attorney F. T. Sessoms:
When you are a commercial driver whose livelihood is at stake due to a commercial DWI charge, you need an attorney who knows how to navigate the law. Minneapolis DWI Attorney F.T. Sessoms has the experience and the knowledge that you require in your case. Call 612-344-1505 to start your defense today.