How a DUI Affects Your Commercial Driver’s License (CDL) in South Carolina

You worked hard to get your commercial driver’s license, and one DUI arrest could spell serious trouble for your career. In South Carolina, truckers are subject to strict regulations if they are caught driving under the influence. Call William G. Yarborough, Attorney at Law, for immediate assistance with your case. In this article, our Greenville, SC DUI lawyer looks at what can happen if you are arrested for DUI with a CDL. Call to schedule a private consultation.

DUI with CDL: Main Consequences

South Carolina Code § 56-1-2110 identifies what will happen if you are convicted of DUI:

• First-time conviction: The law requires a one-year suspension of your license.
• Second conviction: you are prohibited for life if convicted of DUI at least twice.

You may be reinstated after a lifetime disqualification, but the process is tough. Under federal law, you need to wait at least 10 years, and you must complete an approved rehabilitation program.

Can You Lose Your CDL for DUI?

Yes. If you have two or more DUI convictions, then you can face a lifetime ban on driving a commercial vehicle. That means you will be unable to earn a living driving.

Even a one-year ban is serious and can complicate a person’s ability to drive. Remember, it’s up to your employer to decide whether they want to employ you. They can choose to fire someone for even a first-time offense, and they don’t have to hire you back after you have served a one-year suspension.

What Qualifies as a DUI for a CDL Holder?

Any DUI counts, even those for driving a personal vehicle. A DUI for driving your Toyota RAV-4 will lead to a CDL suspension.

However, truckers have a lower CDL DUI limit:

• If you are driving a commercial vehicle, then the legal limit is 0.04. If you are over, then you are driving under the influence.
• If you are driving your own vehicle, then the legal limit is 0.08, as it is for other drivers.

Take any DUI arrest seriously. You can lose your license for one year if picked up for DUI while driving a personal vehicle.

DUI Arrests (But No Convictions)

Not everyone arrested for DUI is convicted. The state might drop charges for various reasons. Nonetheless, the state can suspend your license in certain situations, absent a conviction.

For example, the state can suspend your license if you are stopped and refuse a breathalyzer test. (See S.C. Code § 56-1-2110(5).) That will count against you and result in a one-year license suspension, just as if you were convicted of DUI.

Misconceptions about DUI with CDL in South Carolina

Certain misconceptions confuse the majority of people regarding these charges:

• Myth: Only a conviction for driving a commercial vehicle while under the influence counts against me. That’s not true. Any DUI, even if you are driving a personal passenger sedan, will count and lead to CDL consequences.
• Myth: An out-of-state DUI will not count as a prior DUI. That’s not true. Any DUI should count against you. South Carolina is a signatory to the Driver License Compact and the Commercial Driver’s License Information System. Accordingly, any out-of-state DUI is reported to the South Carolina DMV. The state treats an out-of-state offense the same as if it happened within our borders.
• Myth: You can choose not to disclose the DUI and still drive. First, you cannot legally drive with a suspended license. Furthermore, your employer will find out about the DUI, since they are reported to the DMV. Finally, unlicensed driving can result in additional criminal charges.

Get accurate legal advice from an experienced lawyer. William G. Yarborough has handled criminal cases for more than three decades, and we believe in empowering clients by fully explaining the consequences they are facing.

Can You Get a CDL with a DUI in South Carolina?

Some people reading this page might not yet have a CDL but want one. Can you get a CDL with a DUI in your driving history?

You can seek a CDL, but you might need to wait. You cannot get a CDL while your license is suspended. That means you will need to wait for the suspension to end and then make sure you have completed all court-ordered requirements, such as fines and fees. Only then can you apply for a CDL license in South Carolina.

Even if you get a CDL, a transportation company might not hire you. Some have requirements that any DUI must be at least 5-10 years old.

Fight to Keep Your License and Your Livelihood

A DUI arrest has many negative repercussions, especially for those with a commercial driver’s license. If you want to continue to earn a living as a trucker, then you need experienced legal help.

Our law office can fight the charges and keep you from being convicted of DUI:

• Review the evidence and gauge the strength of the case against you.
• Analyze the arrest’s impact on your CDL. For example, if you refused a breathalyzer, then you can face a one-year license suspension even if not convicted.
• Determine whether to fight the DUI charges or seek a plea deal.
• Analyze whether a plea deal will impact your CDL. Never assume it won’t. The state might not care that you are trying to save your license from a lifetime ban.
• Review all possible defenses, including whether the officer lacked reasonable suspicion to stop you. Your attorney might get the charges dismissed.

The sooner you reach out, the more we can help. Our firm will do everything possible to obtain a favorable disposition of the DUI charges.

Schedule a Consultation with a Greenville DUI Lawyer

Truckers are the backbone of the transportation industry. More than 80% of all freight is transported by trucks. Our office thanks the many men and women for their hard work.

If you are facing a DUI charge, contact us today. Attorney William G. Yarborough will analyze what steps to take next. The worst thing is to immediately plead guilty without considering all your options. We have helped truckers in the 29609 zip code and nearby areas.