You may have asked yourself if CDL suspensions for DUI qualify hardship permits? Any driver who has been arrested and found guilty of driving while under the influence of intoxicants can have their license revoked. Those drivers that hold a CDL can face a two-fold penalty for this fairly serious act.
Those that hold a Class C License, the non-commercial variety, can apply for a hardship permit. This is like a provisional license that allows them to drive under specific circumstances.
However, these hardship licenses are not an option for CDL license holders who have had their license revoked due to a DUI. This can be especially unfortunate as many CDL holders make a living through driving and will have no other alternatives under Oregon law.
Criminal vs Administrative CDL Suspensions
Oregon law has two different categories of CDL suspension: the administrative and criminal CDL suspensions. The administrative suspension only requires that the CDL holder refused or failed a BAC or breathalyzer test when pulled over by an officer for suspicion of DUI. For the criminal suspension, the driver must be found guilty of DUI while driving a commercial vehicle.
A BAC-failure itself can be grounds for a 1-year license suspension, or even a lifetime suspension if the DUI was committed in a commercial vehicle carrying hazardous materials. If the driver refuses to take the BAC test, they can have their license suspended for as long as three-years under Oregon’s “implied consent” laws. The implied consent laws say that any motorist on the streets and roads of Oregon has already given their consent to such tests when they initially applied for their driver’s license.
A criminal conviction of DUI while driving a commercial motor vehicle will result in a 1-year suspension of the CDL, this time period could be raised to a three-year period if the vehicle was also hauling hazardous goods. The next DUI while conviction will result in a lifetime suspension of the CDL.
With both the administrative and commercial suspensions, there is no eligibility for a hardship permit. It is possible to apply for a regular hardship permit, but it will not allow for the same privileges of driving large commercial vehicles.
What if a CDL Driver is in Their Personal Vehicle at the Time of the DUI?
There are some CDL disqualifications in place that may apply even if the driver commits their DUI while driving their personal vehicle. This will also disqualify the driver from participating in the Oregon DUI Diversion Program.
Avoid Having Your CDL Suspended!
As you can see, the risks involved with DUI for CDL holders are high. Any CDL holder suspected of DUI risks losing their CDL privileges and livelihood for a year, three years or even the rest of their life. Furthermore, CDL holders will not be able to apply for the same hardship license that allows other motorists to maintain their job and specific responsibilities despite their license suspension.
But, there is a solution. You can give yourself the best chance at beating the case by calling in a professional defense from the Trilogy Law Group. You will find our legal team has the skills and experience to win your case and protect your CDL license, don’t risk suspension, get professional help by contacting us today.
