Being convicted of Driving While Intoxicated, also known as DWI, can have major repercussions in your life moving forward. Whether you are convicted of the offense as a felony or a misdemeanor, a DWI stays on your criminal record as well as your driving record. If you have a commercial driver’s license, also known as a CDL, and operate commercial vehicles, this offense can impact you more heavily than most.
Can I Expunge My DWI if I Have a CDL in KCMO?
If driving is your job and you have a CDL, you cannot get a DWI expunged from your record. While any other first time DWI misdemeanor offender has the opportunity to get a DWI erased from both their driving and criminal record after ten years, a CDL holder does not.
If you have a CDL caught under the influence of alcohol or any other alcohol related offenses, while operating either a commercial or a non-commercial vehicle, your CDL may be disqualified or suspended. These rules apply to the commercial driving operator whether they are on the job and driving a commercial vehicle or are driving their own personal car. Commercial driving privileges and the commercial driver’s license itself are subject to both federal regulations and the regulations of the state of Missouri. A DWI is considered a major offense, and for the first violation, your CDL will be disqualified for an entire year. In comparison, a non CDL holder will only have their license suspended for 30 days following the first offense. If you are transporting hazardous materials when the offense occurs, your CDL will be disqualified for three years for the first violation. If caught again, a commercial driver’s license becomes disqualified for the rest of your life.
Different DWI Rules for CDL Drivers in Kansas City, MO
It is important to note that while the normal blood alcohol concentration for DWI is 0.08, for a commercial driver the limit is 0.04. If a blood test is done and your blood alcohol concentration is 0.04% or higher, your CDL can be disqualified. Commercial drivers who refuse to submit to a blood alcohol concentration test are considered to be violating a major offense, of which the consequences are the same as a DWI.
Steps to Take After a DWI if You Have a CDL
If your commercial driver’s license is disqualified, suspended, revoked, or cancelled, you have until the next business day to notify your employer. To reinstate your CDL, the State may require you to:
- Retake and pass the commercial driving skills and knowledge test
- File a SR22 insurance form and maintain coverage for three years after the end of the suspension
- Enroll and complete a substance abuse traffic offenders program
- Pay reinstatement fees.
Alcohol related reinstatement fees are $45. Court costs may also have to be paid if there were any criminal convictions. The reinstatement requirements are all up to the discretion of the judge. If you are the holder of a commercial driver’s license, getting convicted of a DWI becomes a costly experience, both personally and professionally in regards to time and money.
If you are a CDL driver who has been arrested for a DWI, contact Cornerstone Law Firm in Kansas City, MO at 816-307-0404 for help.