CDL DUI Defense Attorneys

DUI charges are serious for anyone, but for a commercial driver’s license (CDL) holder, the stakes are even higher. Your CDL isn’t just a license – it’s your livelihood. A single mistake could put your career, income, and future in jeopardy as Washington State has strict laws for commercial drivers. A DUI conviction can lead to disqualification, job loss, and long-term consequences that make it difficult for you to get back on the road.

If you’re facing a DUI with a CDL, you don’t have to navigate the process alone. The legal system is complex, and the penalties for commercial drivers are harsh. Having the right lawyer on your side can make all the difference in how your case is resolved. At Garguile Law, we represent commercial drivers throughout Washington, working to protect their rights, their licenses, and their futures. We understand what’s at stake and are ready to defend you.

Legal BAC Limits for Commercial Drivers

Commercial drivers are held to a stricter standard than regular drivers when it comes to blood alcohol concentration (BAC) limits. In Washington State, the legal BAC limit for most drivers is 0.08%. However, for CDL holders, the BAC limit is significantly lower at 0.04% if you’re driving a commercial motor vehicle at the time of the offense.

In addition, Washington state law enforces something called implied consent, which means that by simply holding a CDL, you automatically agree to submit to chemical testing if a law enforcement officer suspects you of impaired driving. Refusing to take a breath or blood test can lead to an automatic one-year CDL disqualification, regardless of whether you’re ultimately convicted of a DUI.

Because of these strict standards, even a relatively small amount of alcohol can put your career at risk. Understanding these limits is crucial, and if you find yourself facing a DUI with a CDL, you need an experienced attorney who can help you respond with a strong defense.

Marijuana DUI Limits for CDL Drivers

Even though cannabis is legal in Washington, it can derail your career as a commercial vehicle driver. If you’re pulled over with detectable amounts of marijuana in your system, you risk losing your CDL for at least 1 year and potentially for life, depending on your driving record.

Consequences of a DUI with a CDL

A DUI conviction as a commercial driver carries severe and long-lasting consequences. Unlike standard DUI cases, where penalties might include fines and a temporary license suspension, a CDL DUI can result in immediate career-altering repercussions.

1. CDL Disqualification – A first DUI conviction, whether in a commercial or your personal vehicle, results in a minimum CDL disqualification of 1 year. If you were transporting hazardous materials at the time of the offense, the disqualification will extend to 3 years. A second DUI conviction will result in a lifetime CDL ban, although reinstatement may be possible under limited circumstances after 10 years. If you enter a deferred prosecution program with a CDL, the state views this as a conviction and will effectively suspend your CDL for at least 1 year.
2. Impact on Employment – Many trucking companies have zero-tolerance policies when it comes to DUI offenses. Even if your CDL is reinstated after a DUI, finding a new job can be difficult with a DUI on your record. Many employers require drivers to keep a clean record, meaning that even a first-time offense could result in losing your job.
3. Criminal Penalties – A first-time DUI in Washington State can result in fines up to $5,000, jail time between 1 day to 1 year, a personal license suspension between 90 days to 2 years that’s separate from your CDL penalties, mandatory alcohol treatment programs, and ignition interlock device (IID) requirements.
4. Higher Insurance Costs – A DUI conviction typically leads to skyrocketing insurance rates, making it much more expensive to return to driving after a suspension.
5. Long-Term Career Impacts – Even if you get back your CDL, a DUI stays on your Washington State driving record for the rest of your life, affecting your future employment opportunities and background checks.

A CDL DUI charge doesn’t just put your current job at risk – it threatens your entire career in commercial driving. If you’re facing these charges, you must act quickly (within 7 days) and secure strong legal representation to challenge your case, reduce your penalties, or explore alternative resolutions that may allow you to continue working.

Can You Get or Keep a CDL After a DUI?

A DUI charge can make it significantly more difficult to get or keep a commercial driver’s license. Washington State has strict regulations around DUI convictions – and a CDL holder must navigate several challenges if they want to continue driving professionally.

If you have a DUI on your record and you want to get a CDL, you are not automatically disqualified. However, you must consider the following factors:

• License Eligibility – If your personal driver’s license is suspended because of a DUI, you cannot get a CDL until your standard license is reinstated.
• Employer Considerations – Many trucking companies have strict hiring policies that may exclude candidates with a DUI in the last 3 or 10 years, or ever.
• Higher Insurance Costs – Even if you get a CDL, commercial auto insurance rates will be significantly higher after a DUI, which makes it much more challenging to find a company that will be willing to insure you as a driver.

If you already have a CDL and you’re convicted of a DUI, you face strict disqualification rules:

• First DUI Conviction – 1 year CDL disqualification, 3 years if you were transporting hazardous materials at the time of the offense.
• Second DUI Conviction – Lifetime CDL disqualification with no chance of reinstatement.
• Reinstatement Requirements – If you’re eligible for reinstatement, the process often requires that you complete DUI treatment programs, meet state compliance conditions, and potentially reapply for CDL training and testing.

Even after you get your CDL reinstated, you may struggle to find employment as a commercial driver. Many companies conduct thorough background checks and prefer drivers with clean records. If you’re facing a DUI charge, the best thing you can do for your career is to talk to an experienced lawyer as soon as possible to improve your chances of reducing your penalties or avoiding a conviction that could permanently alter your career.

Can a DUI in a Personal Vehicle Affect Your CDL?

If you’re a CDL holder, you may assume that getting a DUI in your personal vehicle won’t impact your commercial driver’s license – but this is a costly misunderstanding. Any DUI conviction, regardless of whether you were on the job or not, carries severe consequences.

If you’re convicted of a DUI while driving your personal vehicle, your CDL is still at risk. In these situations, penalties under Washington state law include:

• 1-year CDL disqualification for a first DUI offense in your personal vehicle.
• Lifetime CDL disqualification for a second DUI offense, even if one or both of the DUI offenses occurred in your personal vehicle.
• Possible suspension of your standard driver’s license, which makes it impossible to reinstate your CDL until your personal suspension period is over.

A DUI doesn’t just affect your legal ability to drive – it can also put your job at risk. Many trucking companies require employees to report any DUI arrests or convictions, even if they happen off-duty. Some companies may terminate your employment immediately, while others may have policies that allow drivers to return after a suspension period.

Because a personal vehicle DUI carries many of the same disqualification penalties as a commercial vehicle DUI, CDL holders must take any arrest seriously. If you’re facing DUI charges, taking legal action early can make a critical difference in protecting your license and your livelihood.

Strategies for Defending Against a CDL DUI Charge

Being charged with a DUI as a commercial driver doesn’t automatically mean you’ll lose your CDL or be convicted. However, the consequences of a CDL DUI are severe, often leading to immediate disqualification and long-term career setbacks.

Because Washington state law holds CDL holders to stricter standards, you need a strong defense strategy tailored to the challenges you face as a commercial driver. The right legal approach can help you challenge your charges, reduce your penalties, or even get your case dismissed, allowing you to protect your CDL and your livelihood.

1. Challenging the Traffic Stop – Law enforcement must have a valid reason to stop your vehicle, whether you’re driving a commercial or personal vehicle. If the stop was made without reasonable suspicion, any evidence collected afterwards could be challenged in court, including breath or blood test results. Traffic stops for commercial drivers often happen for weight limit violations, improper lane changes, speeding, or erratic driving. Officers may also initiate traffic stops based on signs of fatigue, which can sometimes be misinterpreted as impairment or driving under the influence. If the stop was unlawful or based on weak justifications, your attorney may be able to suppress evidence and significantly weaken the prosecution’s case against you.
2. Questioning the Accuracy of BAC Testing – In Washington, CDL holders are subject to a lower BAC limit of 0.04%, making even minor errors in breath or blood testing critical to a defense strategy. Breathalyzer devices require regular calibration and maintenance, and if law enforcement officers fail to properly maintain or operate the equipment, test results can be inaccurate. Administration errors by the officer, mouth alcohol contamination from substances like chewing tobacco or certain medications, and underlying medical conditions such as acid reflux can also lead to false BAC readings. Another potential defense is the “rising BAC” argument, which argues that your BAC was below the legal limit when you were actually driving but increased by the time the test was administered. Because CDL holders face stricter scrutiny, challenging any inconsistencies or flaws in BAC testing is a key defense strategy.
3. Proving Inaccuracy of Field Sobriety Tests – Law enforcement often relies on field sobriety tests (FSTs) to determine impairment before making a CDL DUI arrest, but these tests are subjective and highly unreliable, particularly for commercial drivers. Long hours behind the wheel, physical strain from loading and unloading cargo, and fatigue from extended shifts can all affect a driver’s balance and coordination, leading to poor FST performance even in the absence of alcohol impairment. Other external factors, such as uneven pavement, poor lighting, and weather conditions, can also compromise the accuracy of these tests. If an officer based the DUI charge primarily on FST performance rather than concrete chemical evidence, your attorney can argue that these results are unreliable and do not necessarily mean that you were impaired.
4. Examining Procedural Errors – Law enforcement officers must follow strict procedures when conducting DUI investigations. Any failure to adhere to legal protocols could result in evidence being thrown out. Potential violations include: failing to read your Miranda rights at the appropriate time, not following the proper chain of custody for blood samples, using coercive tactics to obtain a breath or blood sample, or failing to provide a second breath test opportunity when allowed in certain cases.
5. Negotiating for Reduced Charges – When a full dismissal isn’t possible, negotiating for reduced charges can help minimize the impact on your CDL and career. Prosecutors may agree to a plea bargain, particularly if the evidence is weak, you have no prior DUI convictions, or you agree to complete an alcohol education or treatment program. One common alternative to a DUI conviction is a plea to reckless driving, sometimes known as “wet reckless.” Although this charge still carries penalties, it typically results in lower fines, reduced jail time, and less severe consequences for your CDL. While reckless driving may still lead to disqualification in some cases, it does not carry the same weight as a DUI and may improve your chances of future employment in the trucking industry.
6. Seeking Dismissal of Charges – If there are substantial weaknesses in the case against you, your attorney may be able to get the charges dropped entirely. A dismissal means that the charge does not appear on your record at all, which protects you from both CDL disqualification and long-term career consequences. An experienced lawyer will review the evidence, identify the inconsistencies, and build the strongest possible defense to challenge the prosecution’s case.

The timeline for responding to a CDL DUI charge is short. In Washington, you have only 7 days to request a hearing to challenge your CDL suspension. Waiting too long to take action can result in an automatic CDL disqualification, which makes it much harder to fight for a favorable outcome in your case. Taking immediate steps can significantly impact your ability to keep your career on track, as the right legal defense strategy could mean the difference between losing your livelihood and keeping your ability to drive professionally.

Frequently Asked Questions About CDL DUIs

At Garguile Law, we help commercial drivers keep their careers on track after a DUI. Contact us now to get started on a CDL DUI defense that protects your livelihood and your future.