DUI Penalties for Commercial Driver's License Holders in Maryland

If you hold a CDL, it is important that you know the law and act quickly to protect your CDL or you may find yourself with no CDL and no right to work driving a commercial vehicle.

At the Traffic Stop
When you are pulled over under suspicion of DUI or DWI, roadside sobriety tests may be issued and you may be asked to submit to a breath or blood alcohol test. You have the right to refuse to take the test, but in most cases the penalty for failure to submit to a test is equal to or greater than the penalty for being found DUI or DWI. If you are found to have a blood alcohol level in excess of the legal limit (0.08 or 0.04 if you were in a commercial vehicle) or if you refuse to be tested you will be arrested and the arresting officer will take away your driver's license. Your CDL will be taken whether you were driving a commercial vehicle or not. When you are released, you will be given a temporary driver's license that is good for 45 days.

After the Traffic Stop
If your CDL has been taken, you cannot legally drive a commercial vehicle until it is returned to you. Your temporary driver's license allows you to drive a personal vehicle, but not a commercial vehicle. In order to get your CDL restored, you must file for an Administrative Hearing, and the sooner the better. If you file for the Administrative Hearing within 10 days after your stop, your temporary license will be extended until the date of your hearing, if that date lies outside the 45-day duration of the temporary license. If you file your request after this 10-day period, you will not receive an extension of the temporary license, so you may be without any driver's license once the temporary expires. If you file your request after 30 days following the traffic stop, you will not be granted an Administrative Hearing and you will suffer the consequences of a DUI/DWI charge.

Penalties for DUI/DWI
If you either do not receive an Administrative Hearing or the hearing goes poorly, your license will be suspended, you may be asked to pay a fine, and you may be sentenced to jail time. If you were driving a commercial vehicle when stopped, your CDL will be suspended for 1 year. If you were driving a personal vehicle and it was your first DUI, your license will be suspended for 45 days following the hearing. If it is your second offense, your license will be suspended for 90 days. If your blood alcohol content was found to be 0.15 or higher or you refused to be tested, your license may be suspended for 1 year.

Protect Your License
If you want to protect your CDL and your livelihood as a commercial driver following a DUI-stop in Maryland, you have to act quickly. Not only should you request an Administrative Hearing as soon as possible, but you should consult with an attorney experienced with handling DUI cases in Maryland. An attorney with experience on both sides of DUI cases as prosecutor and defense attorney can help you assemble a strong case and reduce or eliminate penalties from your DUI stop.