Being arrested for driving under the influence is a stressful situation. A DUI conviction may stick around on your record for some time. However, it is also very dangerous for the driver and other traffic participants.
Getting a DUI conviction while driving a company car is a complex case and the consequences will depend. They are different and depend if you have a CDL license or a personal driver’s license.
If this has happened to you, you should seek legal help from an Oregon DUI attorney as soon as possible.
Legal DUI Penalties
No matter whose car you were driving while being under the influence of drugs or alcohol, you will face penalties for it. You can expect driver’s license suspension, high fines, even time in prison.
Depending on your previous convictions, you may lose your license for half a year, one year or forever. The prison time will also increase if you have numerous convictions on your record.
Employer DUI Guidelines for Personal Driver’s License
Your employer has the right to determine the consequences of driving one of the company’s cars while intoxicated.
In most cases, the company policy regarding a DUI conviction is part of your employment agreement. It may also be part of an employee handbook.
When you get the job, you will be required to sign an acknowledgement stating. Be sure to read and understand the guidelines before you sign anything.
For example, some companies may have a rule that an employee won’t have the right to drive a company’s car for ninety days (if that is their first conviction). If you have a second DUI conviction, your employer may forbid you to drive the company’s vehicles forever.
In case driving is an essential part of your responsibilities at work, your employer may find another position for you, or you may even expect to get fired.
If they can’t find an available position for you (one that doesn’t require driving, it’s very likely that you will be fired).
CDL DUI Suspensions in Oregon
In Oregon, there are two different types of CDL suspensions DUI—criminal and administrative. In a criminal case, the driver is convicted of DUI while driving a commercial motor vehicle. For an administrative case, it’s enough that the driver refuses or fails a breathalyzer or other BAC test.
BAC failure will lead to a one year CDL suspension (it can be a lifetime suspension of a CDL in Oregon if the BAC failure happens while the driver is transporting hazardous materials).
In case the driver refuses to take a BAC test, their CDL will be suspended for 3 years (based on “Implied Consent” laws). Any motorist who applies for a driver’s license is consent to field tests to determine potential impairment.
If an officer suspects that the driver is under the influence, they will ask them to take a breathalyzer test; if the driver refuses to take any sobriety test, it could lead to a CDL suspension.
A criminal conviction for DUI while driving a commercial vehicle will lead to one year CDL suspension or a three-year suspension for a conviction while transporting hazardous waste. If the driver has a subsequent DUI conviction it will result in a lifetime CDL suspension.
When a driver has a criminal and administrative suspension, they will not be eligible for a hardship permit for the CDL. They may get a regular hardship permit, but not one for commercial driving privileges.
Consequences
If your job requires driving, you’re probably having a CDL, which is a commercial driver’s license regulated by the U.S Department of Transportation. To get this license, you should complete an approved training program and pass a knowledge and skills test. This license applies to drivers of commercial vehicles such as busses, trucks, semi-trucks and tows.
When a driver is convicted of a DUI and they possess a CDL licence, federal guidelines declare if the driver will lose their CDL license for a minimum of one year. If the driver has previous convictions (one in most cases), it will cause them to lose their CDL for life.
Losing a CDL can affect your entire future. If your job depends on driving, you may face a harsh reality where you won’t be able to work, lose your job and be unable to find a new one.
If you were convicted for driving under the influence while operating a company’s vehicle, it’s best if you seek legal help from a skilled and experienced DUI attorney.
Contact us in Trilogy Law Group and we’ll gladly review your case and help you with everything.
