If you are driving a commercial vehicle, no matter what type, the drivers of these vehicles are subject to a lower blood alcohol concentration than the .08 allowed for drivers of non-commercial vehicles. If you driving a commercial vehicle, a BAC of .04 will warrant a DWI charge. If you do get charged, it is important to speak with your Minnesota DWI lawyer as soon as possible.
Commercial Driver Test Refusal
169A.52 subdivision 7(b) states that a person who is driving a commercial vehicle or who is in physical control of that vehicle and refuses to take an alcohol test will have their commercial license invalidated. The officer will clip the upper corner of the card in a way that identifying information is not destroyed. Once this is done, the card is returned to the person. When you obtain a license you are deemed to have consented to alcohol testing should you be arrested for DWI. Taking back that consent through test refusal deems the license void and test refusal does not work in your favor in your DWI case. That is why it is best to consult with your Minnesota DWI attorney before saying or consenting to anything. It is your right to speak to your attorney immediately or you can submit to the tests and a defense be constructed for you later that works toward having the charges dismissed or reduced.
A commercial driver who is found to have a BAC of .04 or greater is subject to a period of disqualification. The first violation results in a license suspension of one year. Any subsequent violations can result in a 10 year suspension. However, commercial drivers with suspended commercial licenses are able to maintain their motor vehicle licenses as long as their BAC did not exceed .08 and as long as there were no controlled substances within their body. If the BAC is .08 or there is a controlled substance present, the driver may face all of the sanctions and penalties of a regular DWI charge.
If a commercial driver is convicted of DWI in their personal passenger vehicle, they are prohibited from driving their commercial vehicle or any other type of vehicle as well. The commercial vehicle disqualification is for one year.
Contact Minnesota DWI Attorney F. T. Sessoms:
If you are a commercial driver who has been charged with DWI, it is your right to challenge the charges against you. Driving a commercial vehicle is most likely your livelihood, so you want to do what you can to protect it. To take the first steps to preserving your well-being and that of your family, call MN DWI Attorney F.T. Sessoms at 612-344-1505 to find out what steps need to be taken in your case.