Commercial drivers in Illinois face stricter DUI laws than non-commercial drivers. A DUI conviction can lead to severe penalties, job loss, and long-term damage to a professional driving record. Under 625 ILCS 5/6-514 et seq., Illinois enforces lower blood alcohol concentration (BAC) limits for commercial drivers and imposes harsh consequences for those convicted of driving under the influence.
For commercial driver’s license (CDL) holders, the legal BAC limit is 0.04%, which is half the standard 0.08% limit for non-commercial drivers. Even a first-time offense can result in a one-year CDL disqualification, and subsequent offenses may lead to a lifetime CDL revocation. A DUI arrest not only affects a commercial driver’s ability to work but can also have legal and financial consequences beyond license suspension.
At Edward Johnson & Associates, we understand how Illinois DUI laws impact commercial drivers and work aggressively to protect their rights. Commercial drivers depend on their CDL to make a living, and a DUI charge can put their entire career at risk.
Illinois DUI Laws For Commercial Drivers
Under 625 ILCS 5/6-514 et seq., commercial drivers operating a commercial motor vehicle (CMV) cannot exceed a 0.04% BAC. If they are driving a personal vehicle, the standard 0.08% BAC limit applies. However, a DUI conviction in any vehicle—commercial or personal—can still result in CDL suspension or revocation.
Penalties For A First-Time DUI Conviction
- One-year CDL disqualification if driving a commercial vehicle
- One-year CDL disqualification if driving a personal vehicle with a BAC of 0.08% or higher
- Three-year CDL disqualification if transporting hazardous materials
- Possible fines, court costs, and DUI education requirements
Penalties For A Second DUI Conviction
- Lifetime CDL disqualification, with possible reinstatement after 10 years under specific conditions
- Jail time and increased fines
- Mandatory alcohol treatment programs
Refusing A Chemical Test Leads To Automatic CDL Suspension
Illinois has an implied consent law (625 ILCS 5/11-501.1 et seq.), which means commercial drivers who refuse a breath, blood, or urine test will face automatic license suspension. For CDL holders, refusal results in a one-year CDL disqualification for a first offense and a lifetime disqualification for a second offense.
Driving A CMV With Any Alcohol In The System
Even if a commercial driver’s BAC is below 0.04%, Illinois law under 625 ILCS 5/6-514 et seq. prohibits operating a CMV with any detectable alcohol. A first offense results in a 24-hour out-of-service order and additional violations can lead to longer suspensions.
Illinois Commercial Driver DUI Frequently Asked Questions
What Happens If A Commercial Driver Is Convicted Of DUI While Driving A Personal Vehicle?
A DUI conviction in a personal vehicle still affects a CDL holder’s ability to drive commercially. In Illinois, a first-time DUI in a personal vehicle results in a one-year CDL disqualification, and a second DUI leads to lifetime CDL revocation.
Can A CDL Holder Get A Restricted Or Hardship License After A DUI?
Illinois law does not allow CDL holders to obtain a restricted driving permit (RDP) or hardship license for commercial driving. If convicted of DUI, the driver must serve the entire disqualification period before applying for CDL reinstatement.
What Is The Consequence Of Refusing A Breathalyzer Test As A CDL Driver?
Refusing a breathalyzer test triggers an automatic one-year CDL disqualification. A second refusal results in lifetime CDL revocation, making it crucial for drivers to understand their legal options before refusing a test.
Can A CDL Driver Fight A DUI Charge In Illinois?
Yes, CDL drivers can fight a DUI charge by challenging the traffic stop, BAC test results, or officer testimony. Legal defenses may include improper field sobriety tests, faulty breathalyzer equipment, or lack of probable cause for the stop.
What Should A Commercial Driver Do After A DUI Arrest?
After a DUI arrest, a CDL driver should consult an attorney immediately to review the charges, explore defense options, and determine the best course of action. The sooner an attorney is involved, the better the chances of protecting the driver’s CDL and career.
Is A First-Time DUI Charge Automatically A Felony For CDL Holders?
No, a first-time DUI is typically a Class A misdemeanor in Illinois. However, aggravating factors—such as a high BAC, reckless driving, or causing an accident—can elevate the charge to a felony, leading to more severe penalties.
Can A Commercial Driver Be Fired For A DUI Charge?
Yes, many trucking companies have zero-tolerance policies for DUI offenses. A conviction can result in immediate termination, and even an arrest may lead to suspension or job loss, depending on the employer’s policies.
Can A CDL Holder Get A DUI Expunged From Their Record?
No, DUI convictions cannot be expunged or sealed in Illinois. Once convicted, the DUI remains on a commercial driver’s record permanently, affecting employment opportunities and insurance rates.
How Can An Attorney Help A CDL Driver Facing DUI Charges?
An attorney can challenge the traffic stop, question BAC test accuracy, negotiate reduced charges, and represent the driver in administrative hearings. Having legal representation is critical to minimizing penalties and protecting a CDL holder’s livelihood.
Contact Our Chicago DUI Defense Attorney For Your Free Consultation
If you are a commercial driver facing DUI charges in Illinois, your career and livelihood are on the line. At Edward Johnson & Associates, we understand the high stakes of a CDL DUI case and are committed to providing an aggressive defense. The sooner you act, the better your chances of protecting your CDL and future employment opportunities.
Contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. to receive a free consultation by calling 708-762-8666. Our Chicago-based law firm represents commercial drivers throughout the entire Chicagoland metro and fights to keep their driving records clear.