Kansas law holds commercial drivers to a stricter standard in comparison to regular drivers. Although having a blood alcohol content (BAC) of .08 percent can lead to a DUI, operating a commercial vehicle with a BAC of .04 is enough for a DUI arrest.
If a commercial driver’s license (CDL) holder is charged with a DUI in Kansas, not only does a conviction result in fines and jail time, but also license suspension. Furthermore, commercial drivers can still lose their CDL even if they were operating their personal vehicles when the arrest occurred.
A first DUI offense is considered a Class B nonperson misdemeanor, which can result in a maximum six-month jail sentence and CDL suspension for up to one year. However, if a commercial driver was transporting hazardous chemicals at the time of the arrest, the suspension will last up to three years. If a commercial driver refuses to submit to a BAC test, their CDL will be suspended for up to three years.
A second DUI offense is a Class A nonperson misdemeanor, punishable by up to one year in jail and permanent CDL revocation. Additionally, they also face fines of up to $1,750—not including court fees.
Without a CDL, commercial drivers cannot make a living and support their families. One violation means a year off of work and extreme difficulties finding employment.
If your CDL is on the line, your best opportunity to fight the charges against you is hiring an experienced criminal defense attorney. Your lawyer can review your arrest, find any weaknesses in the prosecution’s case, and help get your charges dismissed or reduced.
For more information about DUI in Kansas City, contact Stein Law, LLC today at (913) 583-0465 and schedule a free consultation.