Nevada bus and truck drivers need a special commercial driver’s license (CDL) to operate these vehicles. This class of driver’s license has specific eligibility requirements and strict penalties for traffic violations, including driving under the influence (DUI) of intoxicating liquor or a controlled substance. So, what happens if you get a DUI with a commercial driver’s license in Nevada?
If you are arrested for DUI while driving a commercial vehicle, our Las Vegas DUI lawyers explain what to expect and how a DUI conviction can affect you and your commercial driver’s license.
What Is a Commercial Driver’s License?
According to the Federal Motor Carrier Safety Administration (FMCSA) and Nevada law, drivers need a CDL in order to drive commercial motor vehicles (CMVs) that meet the following criteria:
- A gross combination weight rating of 26,001 lbs or more, which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
- A gross vehicle weight rating of 26,001 lbs or more
- Transports 16 or more passengers (including the driver)
Additionally, drivers need a CDL to operate any vehicle, regardless of size, used to transport hazardous materials for commercial purposes. This type of commercial driver’s license is required for specific careers, including truck drivers, bus drivers, shuttle drivers, and individuals operating vehicles that carry hazardous materials.
What Is the BAC Threshold for CDL Holders in Nevada?
NRS 484C.120 states that it is illegal to have a blood alcohol concentration (BAC) of 0.04 or more within two hours of driving or being in actual physical control of a commercial motor vehicle. This threshold is much lower than the legal BAC limit for non-commercial drivers, which is 0.08.
What does this mean? In short, commercial drivers are held to a stricter standard than other drivers because their vehicles pose a greater risk of injury or property damage.
RELATED: What Happens When Someone Under 21 Is Pulled Over for DUI in Las Vegas?
Penalties for Commercial DUI Convictions in Nevada
There are serious DUI penalties for commercial driver’s license holders who drive a commercial vehicle or their own vehicle while impaired by alcohol or drugs. Additionally, these penalties escalate with consecutive convictions, making it increasingly difficult or impossible for commercial drivers to continue driving professionally.
First Offense in Seven Years
A first DUI conviction in Nevada is considered a misdemeanor and can lead to:
- Two days to six months of jail time
- Possible community service hours
- Fines between $400 and $1,000
- One-year suspension of the CDL
- 185-day revocation of the non-commercial license
- Mandatory DUI school
- Court-ordered DUI victim impact panel
Second Offense in Seven Years
While still a misdemeanor, the second DUI conviction in seven years has much more severe consequences for commercial drivers, including:
- 10 days to six months of jail time
- Fines between $750 and $1,000
- Permanent suspension of the CDL
- One-year revocation of the non-commercial license
- Mandatory DUI school
- Court-ordered DUI victim impact panel
- Possible substance abuse treatment program
Third Offense in Seven Years
The third offense within a seven-year period is a Category B felony. Although a driver’s commercial driver’s license is already permanently revoked after the second offense, they will still face other penalties, such as:
- One to six years in Nevada State Prison
- Fines between $2,000 and $5,000
- Three-year revocation of the non-commercial license
Commercial DUI Causing Serious Injury or Death
A commercial DUI that causes serious bodily injury or death is also considered a Category B felony. Penalties include:
- Two to 20 years in Nevada State Prison
- Fines between $2,000 and $5,000
- Three-year revocation of the non-commercial license
RELATED: Can a DUI Lead to Criminal Charges and a Civil Case at the Same Time?
Can You Contest a CDL Suspension After a Commercial DUI?
Yes, you can challenge your CDL suspension. However, you must win both the DUI case in criminal court and the DMV driver’s license revocation administration hearing to avoid having your CDL suspended. This can be challenging, especially without legal guidance from a DUI lawyer, because the burden of proof for the administrative hearing is a much lower standard.
However, there are other advantages to requesting a DMV hearing. It gives your DUI attorney the opportunity to cross-examine the officer who arrested you for DUI, using the sworn testimony to build your criminal defense.
Defenses to Commercial DUI Charges
Commercial DUI cases can be complex and difficult to navigate on your own. Working with a skilled DUI attorney in Las Vegas means you have a knowledgeable professional on your side who can fight the charge with one of these defense strategies:
- Lack of probable cause: If the officer did not have probable cause to pull you over, the evidence obtained during the stop may be inadmissible, and the charges could be dismissed.
- Inaccuracy of BAC test results: Your breath or blood tests may be inaccurate due to improper calibration, administering, or handling, which can lead to false results.
- Rising BAC levels: A person’s BAC levels can continue to increase after they stop drinking. A DUI attorney can use this argument to show that you were not above the legal limit while you were behind the wheel.
- Improper field sobriety tests: Field sobriety tests are unreliable because they are subjective and easily influenced by outside factors.
- Procedural errors during the arrest: If the officer who arrested you did not follow proper protocols or procedures for testing, the evidence collected may be inadmissible.
- Medical conditions: Certain medical conditions could affect blood alcohol concentration or the accuracy of test results.
Let Our Experienced Las Vegas DUI Attorneys Protect Your Commercial Driving Career
Do not let a commercial DUI arrest affect your ability to earn a living and support your family. Schedule your free consultation with one of our trusted DUI lawyers. We have extensive experience with Las Vegas DUI cases and helping our clients protect their rights. We will review the facts, gather evidence, and get to the bottom of what really happened, building a strong defense on your behalf.
Contact us online or call (702) 656-0808 today to speak with a Las Vegas DUI attorney!
