We’re skilled in handling commercial vehicle DUI cases - contact our firm today!
A commercial vehicle DUI is a more severe offense than the charges of a non-commercial driver because of the laws in place for these drivers. These laws are so strict in both Missouri and Kansas that you may lose your CDL even without operating your commercial vehicle.
At the Law Office of Denise Kirby, we understand the especially harsh penalties of a commercial vehicle DUI and strive to help prevent you from losing your career and commercial driver’s license. Attorney Denise Kirby will discuss the expectations for your case and work diligently to close it with a satisfying outcome. Her 25 years in business have given her the expertise to provide an effective legal defense covering all aspects of your case.
Missouri and Kansas both have strict laws for commercial drivers when it comes to drinking and driving.
According to the Federal Motor Carrier Safety Administration, a commercial driver must not have a BAC of or greater than .04%. The Federal Motor Carrier Safety Regulations set this standard and others regarding the safety of commercial vehicle operation to reduce driving accidents.
The FMCSA regulations apply to owners of commercial vehicles, those who assign drivers to commercial vehicles, all levels of government, churches, and other organizations. Following these regulations, you may not operate commercial vehicles if you have used alcohol within four hours.
A first commercial vehicle DUI offense in Missouri results in the following charges:
In addition to a Class A misdemeanor for a second offense, the court will permanently revoke your CDL. The DMV can order a suspension of your regular license, and you will receive up to one year in jail with fines up to $1,000. Refusal to take a breathalyzer test immediately results in the three-year loss of your CDL. If you do not have a BAC of .04% or higher, you may receive a 24-hour driving restriction.
Kansas has much stricter laws for truck drivers starting from their very first commercial vehicle DUI conviction. You will receive a nonperson Class B misdemeanor for a first-time offense and face up to six months in jail. A first offense also results in a non-commercial driver’s license suspension for a year.
Second offense penalties are significantly more effective, with a charge resulting in a Class A nonperson misdemeanor. This DUI charge results in:
If you get a DUI charge in a non-commercial vehicle, you will immediately lose your CDL and driving privileges if you are a commercial driver. You can also lose your CDL for one year if you drive a non-commercial vehicle and your BAC is at or over .08%. There are also cases where you are not driving but are still eligible to receive DUI charges if you are under the influence of alcohol or other substances:
Navigating commercial vehicle DUI laws is not easy when so much is on the line. An experienced attorney in Kansas City, MO, can help you understand the specifics of your charges, help you reach a desirable outcome, and fight the results of your breath or blood test.
Facing commercial vehicle DUI charges can be incredibly nerve-wracking for those who rely on commercial vehicles to make a living. Attorney Denise Kirby has the means to aggressively defend your commercial case when threats of losing your CDL or non-commercial license arise. She takes your commercial vehicle DUI case seriously to help you keep your CDL and protect your future.
If you are a driver convicted of commercial vehicle DUI, your future is not over. The Law Office of Denise Kirby will work to help you keep your CDL and more. Contact DUI Attorney Denise Kirby in Kansas City, MO, at 816-221-3691.