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CDL DUI

Commercial driver’s license (CDL) holders in Colorado are subject to stricter driving while under the influence (DUI) laws than non-commercial drivers. The state enforces lower blood alcohol concentration (BAC) limits and imposes severe penalties if convicted, including a mandatory commercial license revocation.

Denver Lawyer for CDL DUI Charges

If you or someone you know has been charged with a commercial DUI, it’s within your best interest to gain legal representation as soon as possible.

Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our offices at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Arapahoe County, Adams County, Jefferson County, Broomfield County, and Boulder County.

Overview of CDL DUI Charges

Definition of CDL DUI in Colorado
Penalties for CDL DUI
Underage CDL DUI
License Revocation and Reinstatement
Defenses
Hire an Attorney for CDL DUI in Colorado

CDL DUI under Colorado Law

Under Colorado Revised Statutes (C.R.S.) § 42-2-126, CDL holders must adhere to a BAC limit of 0.04% when operating a commercial motor vehicle (CMV), which is half the standard 0.08% limit for non-commercial drivers. Additionally, a CDL holder can face DUI charges even if they are operating a non-commercial vehicle and exceed the general 0.08% BAC limit.

The law also prohibits CDL drivers from operating a CMV while under the influence of drugs, including prescription medications that impair driving ability. Any measurable controlled substance in the system can lead to DUI charges.

Penalties for CDL DUI Convictions

The penalties for a CDL DUI conviction in Colorado are strict, with both criminal and administrative consequences.

First Conviction

One-year CDL disqualification (or three years if transporting hazardous materials)
Jail time: 5 days to 1 year
Fines: $600 to $1,000
Community service: 48 to 96 hours
Probation: Up to two years
Alcohol education and treatment programs

Second CDL DUI Conviction

Lifetime CDL disqualification (with potential reinstatement after 10 years in limited cases)
Jail time: 10 days to 1 year
Fines: $600 to $1,500
Community service: 48 to 120 hours
Mandatory alcohol treatment programs

Excess BAC Underage CDL

Similar to other DUI crimes, Colorado implements a stringent standard of conduct for commercial drivers under the age of 21, per CO Rev Stat § 42-2-126(2)(e). The limit for underage commercial drivers is 0.02, or half that of normal drivers.

Administrative Penalties

Even without a criminal conviction, a CDL holder can face administrative license suspension for refusing a chemical test under Colorado’s express consent law. Refusal results in an automatic one-year CDL disqualification.

However, underage drivers face a separate CDL disqualification series:

First Refusal: Three Months
Second Refusal: Six Months
Third Refusal or more: One Year

DUI License Reinstatement

After a driver’s license is revoked, they have seven days from being cited to request a CDL revocation hearing from the Colorado DMV. Drivers may reapply for reinstatement after the revocation period ends. This requires an application to the DMV and an investigation into your driving habits and character; there is no guarantee that a person whose license was revoked will receive a reinstatement.

This investigation will also ensure that the driver has completed any education or treatment programs – failing to do so will result in a denied reinstatement request.

Lifetime Revocation Appeal

This process is the same even for those with “lifetime” license revocations. These revocations last for 10 years, and may be appealed after the reinstatement period. However, if the initial reason for the driver’s arrest was an accident that resulted in death or serious injury, it is possible that the DMV will uphold the revocation.

Defenses Against CDL DUI Charges

Improper Traffic Stop

If the arresting officer lacked reasonable suspicion or probable cause to pull over the driver, any evidence collected may be inadmissible in court.

Inaccurate BAC Testing

Breathalyzer and blood tests must be properly administered and maintained. Errors in calibration or mishandling of blood samples can invalidate results.

Rising BAC Defense

A driver’s BAC may have been under the legal limit while driving but increased by the time of testing due to the body’s metabolism of alcohol.

Medical Conditions or Prescription Medications

Certain medical conditions, such as acid reflux or diabetes, can interfere with breathalyzer results. Additionally, prescribed medications may mimic impairment symptoms.

Violation of Express Consent Law Rights

Law enforcement officers must properly inform CDL holders of their rights under Colorado’s express consent law before administering chemical tests. Failure to do so may result in the exclusion of evidence.

Frequently Asked Questions

Can I Get a CDL After a DUI in Colorado?

A CDL holder with a first-time DUI conviction faces a one-year disqualification but may reapply after the disqualification period. A second DUI results in a lifetime disqualification with limited reinstatement opportunities.

Does a DUI in a Personal Vehicle Affect My CDL?

Yes. Even if the DUI occurs in a personal vehicle, it still leads to a CDL disqualification under Colorado law.