A conviction for DUI (driving under the influence) is significant for most people. Between fines, license suspensions, and possible imprisonment, there is no one for whom a DUI is a good thing. For commercial drivers, however, a DUI conviction can be devastating.
If you have a commercial driver’s license (CDL), your ability to drive is your livelihood. Without a way to protect your CDL after a DUI, you face serious consequences. The good news is you can avoid losing your CDL after a DUI.
Hiring an experienced DUI defense lawyer is your best chance at keeping your commercial driver’s license. At Hessler Law, PC, we know how Indiana DUIs affect CDLs. We also know what it takes to protect your license. Contact us at (317) 886-8800, or fill out the online form, to schedule a free consultation today.
What Happens Right After a CDL DUI Arrest?
For CDL holders, a DUI arrest triggers two types of consequences — criminal charges and administrative penalties. Even before you’re convicted, your license could be suspended by the Indiana Bureau of Motor Vehicles if you fail a chemical test or refuse one entirely.
The moment you’re arrested for DUI, your commercial driving privileges are at risk. If your blood alcohol concentration is 0.04% or higher while operating a commercial vehicle, or if you refuse a chemical test, Indiana law allows the state to immediately disqualify your CDL, even if the DUI occurred in your personal vehicle.
If you’re convicted, those consequences become even more severe. That’s why it’s essential to contact a DUI defense attorney immediately—before your case progresses too far.
BAC Limits for Commercial Drivers
It is important to take note that the legal blood alcohol content (BAC) is lower for commercial drivers than it is for regular drivers. For everyday drivers, it is illegal to operate a vehicle with a BAC higher than .08%. Commercial drivers have a BAC limit of 0.04%. This is typically the equivalent of one alcoholic drink.
DUIs and CDL License Suspensions
Operating a commercial vehicle with a BAC of 0.04% or higher is a class C infraction in Indiana. Other examples of violations of the same level include:
- Being under the influence of a controlled substance
- Refusing to take a BAC test as required by Indiana’s implied consent laws
- Leaving the scene of an accident
A major offense will result in the suspension of your CDL for one year. This can be extended to three years if you were transporting hazardous materials.
What’s Different About a CDL Disqualification vs. Regular License Suspension?
One of the most frustrating parts of getting a DUI as a CDL holder is that you can lose your commercial license even if you can still drive a personal vehicle.
A suspension of your regular license affects your ability to drive in general, but a CDL disqualification specifically prevents you from operating any commercial vehicle—including semi-trucks, buses, or even some construction vehicles. These disqualifications apply whether the DUI occurred in a personal or commercial vehicle, and even off-duty conduct can impact your commercial driving status.
Indiana follows federal CDL disqualification rules, which means a second DUI or refusal typically results in a lifetime ban from holding a CDL.
How Do I Avoid Losing My Commercial Driver’s License?
The best way to protect your commercial driver’s license is to fight your DUI conviction. There are numerous defenses and reasons a DUI charge can be refuted or dismissed. Additionally, you could have your charges reduced. If you can do so, there is less of a chance your license will be suspended or disqualified.
Defending Against a DUI When You Have a CDL
There are multiple ways a skilled defense lawyer can challenge your DUI charge and work to protect your CDL. Depending on the circumstances of your arrest, your attorney might be able to argue that:
- The traffic stop was unlawful. If police didn’t have reasonable suspicion to pull you over, any evidence they collected may be inadmissible.
- The BAC testing process was flawed. Breathalyzers need regular maintenance and calibration, and officers must follow strict procedures when administering tests.
- Medical issues or diet triggered a false positive. Acid reflux, diabetes, or even low-carb diets can interfere with breath test readings.
- Field sobriety tests were improperly administered. These tests are often unreliable and can be challenged based on poor conditions, fatigue, or physical limitations.
By identifying weaknesses in the case against you, a DUI defense attorney may be able to get your charges dropped or reduced—giving you the best chance at preserving your license and your livelihood.
Can I Get Reinstated after a CDL Suspension?
If your CDL is suspended or disqualified, that does not necessarily mean that you’ve lost it for good. Reinstating your commercial driver’s license generally requires:
- Proof your suspension period is over
- Payment of all related fines
- Fulfilling all special requirements, such as drug or alcohol counseling, associated with your charge
- Paying your reinstatement fee
If your CDL was disqualified for life, you are eligible to petition to have it reinstated after 10 years of that sentence, but only if you have completed a state-approved rehab program. If you are convicted of another DUI after this reinstatement, however, your CDL will be suspended for life.
FAQs About CDL DUIs in Indiana
Can I get a hardship license for my CDL?
No. Indiana does not offer hardship or probationary commercial licenses. If your CDL is suspended, you cannot operate a commercial vehicle until it’s reinstated.
Does a DUI in my personal vehicle affect my CDL?
Yes. Even if you’re off the clock and driving your personal car, a DUI will still trigger a disqualification of your CDL.
What happens if I refuse a BAC test?
Refusing a chemical test is treated as a major offense under Indiana law and federal CDL regulations. This will likely lead to an automatic disqualification of your CDL—even without a DUI conviction.
Can my employer fire me for getting a DUI?
Yes. Most employers have zero-tolerance policies for DUI arrests, especially for CDL holders. Even if you avoid a conviction, the arrest alone may jeopardize your job.
What if this is my second DUI?
A second DUI offense as a CDL holder typically results in permanent disqualification from holding a commercial driver’s license in Indiana.
Can I reapply for a CDL after disqualification?
In some cases, you may be eligible to reapply after 10 years if you’ve completed a state-approved rehab program and haven’t had another DUI since. However, this is not guaranteed.
Contact an Experienced Indiana CDL OWI Lawyer
The best way to ensure your commercial driver’s license is protected during a DUI investigation is to talk to an attorney with experience in navigating Indiana’s DUI laws. Talk to Indianapolis defense attorney Sean Hessler if you’re concerned about losing your Indiana CDL after a DUI.
When your career is centered around driving, your license is something you can’t afford to lose.
Schedule a free consultation with Hessler Law, P.C., today to learn more about how to protect your CDL after a DUI. Contact us online, or call today at (317) 886-8800.