Can I still drive my commercial vehicle while my DUI case is pending?

Generally, after a DUI arrest, Maryland's Motor Vehicle Administration (MVA) will issue an automatic CDL disqualification, usually within 45 days of the arrest, unless you request and win an administrative hearing. This means you could lose your commercial driving privileges before your criminal case is resolved. However, requesting an MVA hearing within 10 days of your arrest may allow you to continue driving until the hearing date.

Does the 0.04 BAC limit apply when I'm driving my personal vehicle?

The 0.04 BAC limit only applies when operating a commercial vehicle, and you're subject to the standard 0.08 BAC limit when driving your personal vehicle. However, CDL holders face serious consequences regardless of which vehicle they're driving when arrested for DUI. A conviction for DUI in your personal vehicle, even at the higher 0.08 threshold, will still result in CDL disqualification and could end your commercial driving career.

Can I accept a plea deal to reduce the impact on my CDL?

Commercial drivers need to be especially careful about plea agreements, as federal regulations prevent courts from offering many common DUI plea alternatives to CDL holders. Even pleading to a lesser charge, like reckless driving, can still result in CDL disqualification. "Probation before judgment" (PBJ), which typically helps drivers avoid conviction consequences, doesn't protect your CDL under federal law.

How does a CDL DUI affect my employment if I'm currently a commercial driver?

Your employer may suspend or terminate your employment upon arrest, regardless of the eventual outcome of your case. Even if you maintain your current position through the case, a DUI conviction makes future employment as a commercial driver extremely difficult, as many companies won't hire drivers with DUI convictions due to insurance requirements and liability concerns. It also impacts your ability to drive internationally, as Canada and other countries may deny entry to drivers with DUI convictions.

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Don't Let One Stop End Your Career—Let Our Commercial Drivers DWI Attorneys in MD Defending Against Your Charges

Facing CDL DUI charges in Maryland can be a life-altering experience that threatens your career, freedom, and financial stability. Retaining knowledgeable Maryland CDL DUI lawyers can help protect your rights. At Maronick Law, LLC, our team of experienced trial attorneys has spent decades successfully defending commercial drivers throughout Maryland, with over 80 years of combined experience.

As authorities in criminal defense law, our legal team understands the unique challenges and heightened stakes that CDL holders face when charged with DUI. Whether you're dealing with administrative hearings, criminal proceedings, or fighting to protect your commercial driving privileges, we provide comprehensive legal representation tailored to your specific situation.

Our success in getting charges dropped and securing not-guilty verdicts demonstrates our Maryland CDL DUI lawyers’ unwavering commitment to aggressively defending our clients' rights and preserving their ability to earn a living as commercial drivers.

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What to Expect When You Are Charged With a CDL DUI in Maryland

Being charged with a CDL DUI in Maryland triggers an immediate series of administrative actions that can quickly impact your ability to maintain your commercial driving privileges and livelihood. Following a DUI arrest, CDL holders face swift administrative actions, which can include:

Immediate confiscation of your CDL
Issuance of a temporary license valid for 45 days
Required hearing request within 10 days to contest license suspension
Commercial vehicle operation prohibited during suspension
Possible requirement to install an ignition interlock device

Understanding and promptly responding to these administrative actions is crucial, as failing to meet deadlines or follow proper procedures can result in automatic license suspension and additional penalties.

Penalties for CDL DUIs in Maryland

Maryland imposes strict and far-reaching penalties for CDL DUI violations, with consequences that can severely impact both your commercial driving career and personal freedom. These are the potential consequences for first- and second-time offenders and zero-tolerance violations:

For First-Time Offenders

Even first-time CDL DUI offenders in Maryland face significant penalties that can severely impact their commercial driving career and personal freedom. Criminal penalties for a first offense include:

Up to 1 year in jail
Maximum fine of $1,000
Points on your driving record
Mandatory alcohol education program completion
Possible probation period

While these penalties may seem harsh, they pale in comparison to second offenses. It’s critical for first-time offenders to mount a strong legal defense with the help of a Maryland CDL DUI attorney to avoid future complications and protect your CDL career.

For Second-Time Offenders

Maryland takes an extremely harsh stance on repeat CDL DUI offenders, imposing severe penalties such as substantial jail time, hefty fines, and permanent license disqualification that can effectively end a driver's commercial driving career. The consequences of a conviction can result in:

Lifetime CDL disqualification with no possibility of reinstatement
Up to 2 years in jail
Maximum fine of $2,000
Mandatory alcohol treatment program
Extended probation period

Given these severe and permanent consequences, it's crucial for CDL holders facing a second DUI offense to seek immediate legal representation from an experienced attorney.

Zero-Tolerance Violations

In Maryland, CDL holders face zero-tolerance violations if they have any detectable amount of alcohol in their system while operating a commercial vehicle or if they operate a commercial vehicle within 4 hours of consuming alcohol. Additionally, having any open or closed alcoholic beverages in the commercial vehicle (except as part of the cargo) constitutes a zero-tolerance violation, which can result in immediate disqualification of your commercial driving privileges.

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I recently had Mr. Maronick represent me for my first DUI case. I was very nervous about it because of the results of the DUI incident. The outcome that I was initially looking at was jail time, high fines and a license suspension. He got me out of jail time, I got probation, and the fines were thrown out. All I ended up having to pay were court costs. He really did his job, and I am very appreciative of that. I highly recommend him to be hired for your DUI case or any others you may have.
Myeshia
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Late last year I found myself in a position that I clearly had no ability to get out of on my end. Yes, you guessed it right I caught a DUI. Feeling ashamed and embarrassed I immediately put those feelings to the side and contacted the Maronick Law Firm. From the initial consultation, Tom made me feel at ease about my situation and instructed me on everything to do before my court date I ended up getting the DUI charge dropped to a PB - no points on my license or charges on my record, just a fine and 2yrs probation. To anyone going through a similar scenario, I highly recommend you reach out to the Maronick Law Firm.
Brandon

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Defenses Your Maryland CDL DUI Lawyers May Use in Your Case

As you will see, when it comes to defenses that can result in lesser charges or dropped charges, there are many options. Here are the key defense strategies a CDL DUI lawyer in Maryland might employ for CDL DUI charges:

Challenging the initial traffic stop
Chemical test challenges
Field sobriety test defenses
Procedural defenses
Medical/alternative explanations

Remember that with a CDL, you're held to higher standards than regular drivers. The consequences of a conviction can be career-ending, so treating the situation with appropriate urgency and seriousness is essential.

Get Help From Maryland CDL DUI Lawyers

If you're facing CDL DUI charges in Maryland, the stakes are incredibly high. Our Maryland CDL DUI defense lawyers understand the complexities of commercial driver cases and the devastating impact a conviction can have on your livelihood.

At Maronick Law, LLC, we've helped numerous CDL holders navigate these challenging legal waters and fight to protect their commercial driving privileges. Don't wait to get the legal help you need. Contact our law firm today for a consultation to discuss your case and explore your defense options. Our team is available 24/7 to answer your questions.

Frequently Asked Questions About CDL DUI in Maryland

Generally, after a DUI arrest, Maryland's Motor Vehicle Administration (MVA) will issue an automatic CDL disqualification, usually within 45 days of the arrest, unless you request and win an administrative hearing. This means you could lose your commercial driving privileges before your criminal case is resolved. However, requesting an MVA hearing within 10 days of your arrest may allow you to continue driving until the hearing date.
The 0.04 BAC limit only applies when operating a commercial vehicle, and you're subject to the standard 0.08 BAC limit when driving your personal vehicle. However, CDL holders face serious consequences regardless of which vehicle they're driving when arrested for DUI. A conviction for DUI in your personal vehicle, even at the higher 0.08 threshold, will still result in CDL disqualification and could end your commercial driving career.
Commercial drivers need to be especially careful about plea agreements, as federal regulations prevent courts from offering many common DUI plea alternatives to CDL holders. Even pleading to a lesser charge, like reckless driving, can still result in CDL disqualification. "Probation before judgment" (PBJ), which typically helps drivers avoid conviction consequences, doesn't protect your CDL under federal law.
Your employer may suspend or terminate your employment upon arrest, regardless of the eventual outcome of your case. Even if you maintain your current position through the case, a DUI conviction makes future employment as a commercial driver extremely difficult, as many companies won't hire drivers with DUI convictions due to insurance requirements and liability concerns. It also impacts your ability to drive internationally, as Canada and other countries may deny entry to drivers with DUI convictions.