CDL Holders Charged With DUI in Will County
A first DUI or a refusal to test disqualifies a CDL holder from driving a commercial vehicle for at least 12 months. A second one brings a lifetime disqualification. This can apply even if you were in your own car off the clock. A monitoring device permit cannot be used to drive a commercial vehicle.
Your deadlines
- Day 46. Your statutory summary suspension starts, counted from the day you got the notice.
- Day 90. The last day to file a petition to rescind that suspension.
What happens next
- You are arrested and asked to take a chemical test. The officer must warn a CDL holder that a refusal can disqualify the commercial license.
- If you refuse, or test over the limit, the officer reports it to the Secretary of State.
- The disqualification can start before your court case ends.
- Federal rules can require a CDL holder to tell an employer about a suspension or disqualification quickly. Call Jeff the same day so you know your deadlines.
- Your criminal case goes on at the Will County Courthouse in Joliet.
Disqualification periods
| Event | Disqualification from commercial driving |
|---|---|
| First refusal, first over limit test, or first DUI conviction | At least 12 months |
| Any of those while hauling placarded hazardous materials | At least 3 years |
| A second conviction or offense, from separate incidents | For life |
The statute is section 6-514 of the Vehicle Code. The law allows a lifetime disqualification to be cut to a period of not less than 10 years, but only if federal rules authorize it. If a reinstated driver is later convicted of another disqualifying offense, the lifetime ban is permanent.
Who this law reaches
Section 6-514 covers people who hold a commercial driver's license and people who hold a commercial learner's permit.
DUI is not the only first violation that brings a 12 month disqualification. The same list includes knowingly leaving the scene of a crash, driving while committing any felony, driving a commercial vehicle on a revoked or suspended license, and causing a death through negligent operation of a commercial vehicle. A second conviction of any of these, or any mix of them, from separate incidents, means disqualification for life. For a CDL holder, one bad night can count twice: once as a DUI and once as a disqualifying offense under this section.
Arrested for DUI? Call Jeff now.
The license clock starts the day you get the notice. During office hours, Jeff answers the phone himself.Office hours: Monday to Friday 8:30 AM to 6 PM, Saturday 10 AM to noon. After hours, leave your name, number and the best time to call back.
Jeff McCarthy, Inspired Law Group, 136 E 9th St, Lockport, IL 60441
Lower limits for commercial drivers
The limit for commercial driving is not 0.08. A person operating a commercial motor vehicle with an alcohol concentration of at least 0.04 is subject to the first disqualification. So is any amount of cannabis, controlled substance or methamphetamine in the blood, other bodily substance or urine from unlawful use.
Driving a regular car does not protect a CDL holder. The disqualification also applies if you were in a non commercial vehicle with a reading above the legal limit under section 11-501.1 or 11-501.8, or a refusal to test, while you hold a commercial permit or license. A conviction for DUI while driving a non commercial vehicle also counts for a CDL holder.
These rules also reach a person who holds the commercial credential but was not on the job. A weekend arrest in a pickup can end a trucking career, so the first meeting with Jeff should cover your employer, your route and your insurance. He can then plan around the dates that matter, such as the 46th day after notice, when the first suspension begins.
Limits on driving permits
A person with a monitoring device driving permit may drive only vehicles with an ignition interlock device, and by statute may never drive a commercial motor vehicle on it. That means a permit can keep you commuting in a car. It will not return you to a truck.
Plea decisions
Court supervision, reduced charges and plea offers all need a second look when you hold a CDL, because the disqualification is tied to both testing and convictions. Jeff reviews each offer against section 6-514 before you answer it.
How Jeff defends this charge
- He checks whether the vehicle was a commercial motor vehicle, because that changes which limit applies.
- He reviews the testing: the device, the person who ran it, and the timing.
- He looks at the warning a CDL holder must receive before a test or refusal.
- He asks whether the stop and the arrest were lawful.
- He studies each plea offer for its effect on the commercial license first.
Jeff cannot promise that you will keep your CDL. He can tell you what each step puts at risk.
Sources
Reviewed by Jeff McCarthy, Attorney, Inspired Law Group, 136 E 9th St, Lockport, IL 60441.
Questions people ask about cdl dui
Short answers first. Jeff McCarthy reviews every answer on this page.
At least 12 months for a first offense. It is at least 3 years if you were hauling hazardous materials that require placards.
Yes. For CDL and permit holders, the law reaches a DUI conviction in a non commercial vehicle and a refusal to test.
The statute allows a reduction to not less than 10 years only if federal rules authorize it. A later disqualifying offense after reinstatement makes it permanent.
No. A person on a monitoring device driving permit may never drive a commercial motor vehicle.
For disqualification, the law uses an alcohol concentration of at least 0.04 when operating a commercial motor vehicle.
No. A refusal or failure to complete a test is itself a ground for a 12 month disqualification.
Keep reading
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Every case comes down to its facts and its deadlines. Talk with Jeff McCarthy so you can:
- Get clear on your legal options.
- Avoid costly mistakes.
- Know what happens next, and when.
