CDL DUI In Oregon: What Should You Do?
The laws surrounding arrests and suspensions of a CDL DUI in Oregon can be harsh and somewhat difficult to understand. Because there are two different types of CDL suspensions in Oregon, consequences can become complicated. In this article, we’ll not only explain what happens to your CDL after a DUI but also go over ways to avoid getting your CDL suspended and other beneficial details.
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What Happens to Your Oregon CDL After a DUI?
Any driver that has been arrested or found guilty of a DUI could possibly face a suspended license. However, if that person holds a CDL (Commercial Driver’s License) the penalties could be even more impactful. DUI laws for CDL holders involve much stricter penalties. CDL holders are also denied the option to apply for a hardship permit, meaning they aren’t allowed to continue driving even if it’s essential to their livelihood. Also, if you would have otherwise qualified for Oregon’s DUI Diversion Program, receiving a DUI when you have a CDL makes you ineligible.
Different Types of CDL Suspensions in Oregon
There are two main types of CDL suspensions in Oregon for DUIs: Criminal and administrative. In a criminal suspension, the driver has been convicted of a DUI while driving a commercial vehicle. In an administrative suspension, the person driving a commercial vehicle need only to fail or refuse a breathalyzer test from an officer. Below is an outline of what each suspension entails:
Criminal Suspension
● First conviction of a DUI will result in a 1-year CDL suspension
● First conviction while transporting hazardous material will result in a 3-year CDL suspension
● A second conviction or any thereafter, will result in a lifetime suspension of your CDL
● No eligibility for a hardship permit
Administrative Suspension
● Refusal of blood or urine test will result in a 3-year CDL suspension
● Refusal of blood or urine test while transporting hazardous material resulting in a 5-year CDL suspension
● BAC (Blood Alcohol Level) failure at .04 or higher
● With a prior DUI, BAC failure increases to a 3-year suspension
● BAC failure will result in a 1-year CDL suspension
● Failing BAC while transporting hazardous materials will result in a lifetime license suspension
● No eligibility for a hardship permit
What if I Was Driving My Own Vehicle During the DUI?
We frequently get asked if the same penalties and suspensions apply if you were driving your personal vehicle at the time of receiving your DUI. The answer is yes. You will still be disqualified from participating in the DUI Diversion Program offered by the state of Oregon and still lose your commercial driving privileges.
Ways to Avoid Getting Your CDL Suspended
While no one will dispute the seriousness of receiving a DUI, it doesn’t necessarily mean your career is over, especially if you’re a first-time offender. If you’ve received a DUI ticket, do yourself a favor and contact an experienced Oregon DUI attorney who will help you understand your rights. Taking the proper steps in the process to clear yourself of these charges is mandatory to protecting your CDL and career.
How a Lawyer Can Help You Avoid Getting Your CDL Suspended
If you’ve been charged or convicted of a DUI in the state of Oregon and you have a CDL, you’ll need an experienced Oregon DUI attorney to fight for your rights. When your livelihood is in jeopardy, you need to find an attorney who will defend your case and protect your privileges. One of the best legal defenses to keep your CDL after a DUI is knowing ways to challenge probable cause. It may boil down to fighting every aspect of the police report and other arrest information.
An experienced Beaverton DUI attorney such as Shannon Powell with Powell Law has years of experience in this area and can fight to help you beat the charges. There’s too much at stake to try and dispute a case involving a DUI with a CDL to walk this path alone. Let Shannon Powell use his skills to give you the best shot possible at retaining all that you’ve worked for. We serve the entire Portland area including Tigard and Washington County. If you’re looking for a DUI lawyer in Hillsboro, we recommend Chris Trotter of Trotter Law. Or if you need a Medford DUI attorney, we recommend Kollie Law.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
