WHEN CAN A COMMERCIAL DRIVER’S LICENSE (CDL) IN LOUISIANA BE SUSPENDED?
Driving While Intoxicated (DWI) and Commercial Driver’s Licenses (CDLs)
This blog post will discuss the the circumstances under which a Commercial Driver’s License (CDL) in Louisiana can be suspended for DWI related offenses.
La. R.S. 32:414.2 contains different suspension periods for commercial licensees for different offenses, ranging from 60 days to a lifetime suspension or disqualification. A person may not drive a commercial motor vehicle in Louisiana if he is disqualified for any reason.
Generally, Louisiana drivers can lose their CDL licenses either on a temporary or permanent basis.
The degree of loss depends on whether the violation in question is characterized as major (which always gives rise to some form of disqualification) or serious (which cumulatively leads to disqualification).
First, an act of operating a commercial motor vehicle (CMV) constitutes implied consent to be tested for any trace of alcohol, or controlled substances.
A person will lose his commercial driver's license for at least one year for a first offense for:
• being convicted of, or being disqualified from operating a commercial motor vehicle at an administrative hearing, after a first reported submission to a chemical test in connection with an arrest, while operating any motor vehicle, commercial or noncommercial, for (1) operating under the influence of alcohol, (2) operating with an alcohol concentration of 0.08 percent or more, or (3) operating under the influence of a controlled dangerous substance;
• being convicted of, or being disqualified from operating a commercial vehicle at an administrative hearing, after a first reported submission to a chemical test in connection with an arrest, while operating a commercial motor vehicle, for operating with an alcohol concentration of at least 0.04 percent but under an alcohol concentration of 0.08 percent or more;
• a first conviction, while operating any vehicle, commercial or noncommercial, for operating under the influence of a controlled dangerous substance;
• using any motor vehicle, commercial or noncommercial, in the commission of a felony not described in Subparagraph (A)(2)(a) of La. R.S. 32:414.2;
• a first offense of leaving the scene of an accident in any vehicle, commercial or noncommercial;
• a first offense of refusal to submit to an alcohol concentration or drug test, while operating any motor vehicle, commercial or noncommercial;
• a first offense of operating a commercial motor when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver’s license is suspended, revoked, canceled or disqualified; or
• a first offense of causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to the offenses of manslaughter, negligent homicide, and vehicular homicide.
Under La. R.S. 32:414.2, a conviction, for purposes of compliance with federal motor carrier rules, means a disqualification under La. R.S. 32:414.2(A)(4) for which a timely administrative hearing request has not been received or a disqualification which has been affirmed after an administrative hearing. Additionally, a conviction under La. R.S. 32:414.2 also means an unvacated adjudication of guilt or a determination in a court of original jurisdiction or by an authorized administrative tribunal that a person has violated or failed to comply with the law. A conviction also includes “an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by a court; the payment of a fine or court costs; or a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.” La. R.S. 32:414.2(A)(9)(a).
If you are in need of a DWI/DUI, criminal defense, expungement, or personal injury lawyer, please contact Gaynell Williams today at 504-302-2462 for an appointment so that an aggressive criminal and personal injury lawyer who will be committed to your case can assist you today. Evenings and weekend sessions are available by appointment. We will work around your schedule.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2018-2020 Gaynell Williams LLC Attorney at Law.