Stricter Standards Apply to Commercial Drivers
Commercial drivers are held to a higher legal standard under both Delaware law and federal regulations. A DUI charge — even while driving your personal vehicle — can trigger CDL disqualification and end a career built over decades.
Lower BAC Limit
Federal law sets the CDL BAC limit at 0.04% — half the standard legal limit. You can be charged with DUI at a BAC that would be legal for a regular driver.
CDL Disqualification
A first DUI conviction results in a minimum one-year CDL disqualification. A second offense means lifetime disqualification. There is no probationary CDL.
Personal Vehicle DUIs Count
A DUI conviction in your personal vehicle still triggers CDL disqualification under federal law. There is no carve-out for off-duty conduct.
Drug Testing Consequences
A DUI can trigger mandatory DOT drug and alcohol testing requirements and removal from safety-sensitive functions during the pendency of the case.
Fighting to Save Your CDL and Your Career
We understand the federal and state rules that govern CDL holders and we build defenses with those specific consequences in mind. Our goal is not just to resolve the criminal case — it is to protect your ability to work.
We challenge the traffic stop, the breath or blood test, and every procedural step the state took in building its case. Where a full acquittal is not achievable, we negotiate aggressively for outcomes that avoid CDL disqualification — including reduced charges that do not trigger federal disqualification standards.
CDL & DUI FAQ
Can I drive my CDL vehicle while my case is pending?
Possibly, depending on whether your state license has been administratively suspended. However, if you are required to submit to DOT drug and alcohol testing, you may be removed from safety-sensitive functions during the case. We advise CDL clients carefully on this issue from day one.
Does a DUI in my personal car affect my CDL?
Yes. Federal law requires CDL disqualification upon conviction of a DUI in any motor vehicle — personal or commercial. There is no distinction between on-duty and off-duty conduct for CDL disqualification purposes.
Is there any way to keep my CDL after a DUI conviction?
A first DUI conviction results in mandatory minimum one-year disqualification — there is no hardship CDL or probationary commercial license. This makes fighting the charge or negotiating a reduced offense critically important for commercial drivers.
What BAC level is legal for CDL drivers?
Federal regulations set the CDL BAC limit at 0.04% while operating a commercial vehicle — half the 0.08% limit that applies to regular drivers. Even in a personal vehicle, the 0.08% standard triggers CDL disqualification upon conviction.
Have more questions? Schedule a free consultation or call 302-735-8401.