Commercial Drivers License (CDL)
Do You Know The Law?
If you have a Commercial Drivers License (CDL), and are stopped while driving that commercial vehicle, you may be subject to more strict or stringent rules regarding driving under the influence, as well as greater penalties!
As outlined in Section 56-1-2120, the South Carolina law states that any person who has a “measurable” quantity of alcohol or who refuses to submit to an alcohol test, must be immediately placed out-of-service for twenty-four (24) hours.
For these purposes, “measurable” quantity of alcohol is any alcohol concentration that registers a positive reading, regardless of the amount.
If you are found to have an alcohol concentration of four one hundredths of one percent (0.04), or refuse to submit to a test, your ability to operate a commercial vehicle will be suspended for a minimum of one (1) year.
Other Reasons For Suspension:
There are other instances in which a commercial driver’s license may also be suspended. Those include:
1) leaving the scene of an accident,
2) using a motor vehicle during the commission of a felony,
3) driving with a suspended, revoked or cancelled driver’s license, or
4) causing a fatality while operating a commercial vehicle. If found responsible for causing a fatality while operating a commercial vehicle which is transporting hazardous materials, your driving privileges must be suspended for a period of at least three (3) years.
There are certain circumstances which may cause one’s ability to operate a commercial vehicle for life, including a subsequent conviction or suspension.
If your ability to provide financially for yourself and your family depends on your driving a commercial vehicle, you should immediately seek the assistance of an experienced attorney who knows the laws of our State, is familiar with the local court systems and is prepared to protect your commercial driver’s license.
As previously stated, the consequences for driving under the influence while in possession of a CDL may have a much greater impact than that of the average person, especially when considering the financial implications of not being able to operate a commercial vehicle.
Please contact our office immediately if you are in a situation that jeopardizes your CDL. Our experienced team will work quickly and diligently to get you back on the road and minimize further financial impact.
Please contact us immediately if you or someone you know has been arrested for DUI or other driving offense which might affect your privilege to drive with a CDL. You may reach us by phone at 843-971-0099; by e-mail at peterdavidbrown.com; or by clicking here to contact us for a free case evaluation.