DUI in a Commercial Vehicle in Pennsylvania

Driving Under the Influence (DUI) in a commercial vehicle is a serious offense in Pennsylvania. Commercial drivers, due to the nature of their work and the increased responsibility of operating larger vehicles, are held to a stricter standard than regular drivers. If you or a loved one is facing a commercial DUI charge, it is critical to understand the legal implications and potential defense options available.

What Is DUI in a Commercial Vehicle?

In Pennsylvania, Driving Under the Influence (DUI) in a Commercial Vehicle occurs when a commercial driver operates their vehicle with a blood alcohol concentration (BAC) of 0.04% or higher. This threshold is significantly lower than the 0.08% BAC limit for regular drivers, reflecting the heightened responsibility that comes with operating commercial vehicles such as trucks, buses, and other large vehicles.

A commercial vehicle DUI can result not only from alcohol consumption but also from being under the influence of drugs, including prescription medications or controlled substances that impair the driver’s ability to safely operate the vehicle.

Penalties for DUI in a Commercial Vehicle in Pennsylvania

The penalties for a commercial DUI are severe and can have long-lasting consequences on both your personal and professional life. Some of the key penalties include:

• License suspension: A conviction for a commercial DUI will result in the disqualification of your Commercial Driver’s License (CDL) for at least one year for a first offense. If the commercial vehicle was carrying hazardous materials, the suspension increases to three years.
• Fines and imprisonment: Commercial drivers face the same fines and possible jail time as non-commercial drivers, with penalties varying based on the driver’s BAC level and prior offenses.
• Felony charges: If a commercial driver is involved in an accident causing injury or death while under the influence, the charges can escalate to a felony, leading to even more severe penalties.
• Employment loss: A DUI conviction can result in the loss of employment, as most companies will not retain a driver who has lost their CDL. Finding future employment in the transportation industry will also be challenging with a DUI on your record.

Aggravating Factors

Several factors can increase the severity of penalties for a commercial DUI charge:

• High BAC levels: While the legal limit for a commercial DUI is 0.04%, drivers with a BAC significantly above this limit may face additional penalties.
• Transporting hazardous materials: If the commercial driver was transporting hazardous materials at the time of the offense, they face enhanced penalties, including a longer suspension of their CDL.
• Repeat offenses: If the driver has prior DUI convictions, even in a non-commercial vehicle, the penalties will be more severe, including permanent disqualification from holding a CDL.

Defenses for DUI in a Commercial Vehicle

Although commercial DUI charges are serious, there are several potential defenses that a skilled DUI attorney can use to fight the charges:

• Challenging BAC results: BAC test results are not always accurate, and factors like improper calibration of breathalyzer devices or errors during the administration of the test can lead to incorrect readings.
• Illegal traffic stops: If law enforcement did not have a valid reason for stopping your vehicle, your attorney may be able to argue that the stop was unlawful, leading to a dismissal of the charges.
• Medical conditions: Certain medical conditions or medications can produce false BAC readings, which can be used to challenge the accuracy of the test results.
• Chain of custody issues: If there are issues with the handling and preservation of blood samples taken for testing, this could be grounds for challenging the prosecution’s evidence.