Nashville Commercial DUI Lawyer
Experienced, Aggressive Representation for CDL Holders
If you are a commercial driver, you need to know that you face some unique challenges when you have been charged with a DUI. For example, if you are convicted of a DUI, you could face some serious consequences, including jail time, fines, and the loss of your commercial driver's license (CDL). Additionally, a conviction could mean that you will lose your job, since most employers require employees to maintain a clean driving record. Fortunately, you do not have to face these challenges alone. Our experienced Nashville DUI lawyers at May & McKinney, PLLC have handled thousands of DUI cases, and we are ready to fight for your rights.
Protect Your CDL & Your Future – A DUI charge can put your career at risk. Contact us at (615) 265-6383 for a consultation today.
What Is Considered a DUI for Commercial Drivers?
The consequences of a commercial driver's DUI conviction can be devastating, as you could lose your job and your ability to earn an income. However, commercial drivers do not face the same penalties as regular drivers. For example, a commercial driver who has a blood alcohol content (BAC) of .04 percent or more could face a civil penalty, but not a criminal conviction. However, a commercial driver who has a BAC of .04 percent or more and who has caused a traffic accident could face a criminal conviction.
Penalties for Commercial DUI in Tennessee
A first-time DUI offense carries a jail sentence of up to 11 months and 29 days, a maximum fine of $1,000, and CDL disqualification for 1 year. However, if you were transporting hazardous materials at the time of the incident, then the disqualification period is 3 years.
Keep in mind, a second DUI offense can result in permanent CDL disqualification.
How a Commercial DUI Affects Your Career
A DUI charge can have serious consequences for commercial drivers, affecting both their current job and future employment opportunities. CDL holders are held to stricter standards than regular drivers, and even a first-time DUI conviction can be career-ending.
Key impacts of a commercial DUI:
- Job Loss & Employment Restrictions – Many trucking companies have zero-tolerance policies for DUIs, meaning you could be terminated immediately after a conviction. Finding another job in the industry may be difficult, as most employers require a clean driving record.
- License Suspension & CDL Disqualification – A first-time DUI offense results in a one-year CDL suspension, and a second offense leads to a lifetime disqualification. Without a CDL, continuing a career in commercial driving becomes nearly impossible.
- Higher Insurance Costs – Employers are required to insure their drivers, and a DUI conviction can significantly raise insurance premiums. Some companies may refuse to hire a driver with a DUI due to increased liability costs.
Steps to Protect Your CDL After a DUI Arrest:
- Contact an experienced commercial DUI lawyer immediately.
- Avoid discussing your case with law enforcement or your employer without legal guidance.
- Challenge the DUI charge through legal defenses to protect your CDL and future employment.
Defenses Against Commercial DUI Charges
A DUI arrest does not automatically mean a conviction. There are several legal defenses that may help CDL holders avoid losing their license and job.
Common defenses include:
- Challenging Breathalyzer & Field Sobriety Tests – Breathalyzers can produce inaccurate results due to improper calibration or medical conditions. Field sobriety tests are subjective and can be challenged in court.
- Proving Law Enforcement Errors – If the officer did not have a valid reason to pull you over or failed to follow proper procedures, the charges may be dismissed.
- Questioning the Testing Process – Blood or breath tests must be administered correctly. If mishandled, the evidence may be inadmissible in court.
Implied Consent Laws for CDL Holders
Tennessee’s implied consent law requires all drivers to submit to chemical testing if suspected of DUI. However, CDL holders face even harsher penalties for refusing a test.
What Happens If You Refuse a Test?
- Automatic one-year CDL suspension for a first refusal.
- Possible additional penalties, including fines and license restrictions.
Can You Fight an Implied Consent Violation?
- Yes. If the officer did not have reasonable suspicion to stop you or failed to inform you of the consequences, you may be able to challenge the refusal charge.
Our Clients Say It Best
Read Our Client Testimonials
At May McKinney, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Excellent Defense"Excellent work great attorney definitely worth every star & every Pennie!!!!!- Trent Johnson
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"Best defense lawyer in the middle Tennessee area"So I was charged with schedule 2 simple poss and paraphernalia. His excellence got it dropped to a simple paraphernalia charge with unsupervised probation! It was a mandatory 30 days in jail to basically nothing but fines. Well worth every penny. If you need a lawyer call this guy immediately. He'll do everything he can with a smile to give you the best results possible. Thank God for Rob Mckinney!!!- Daniel Himes
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"Look no further, Rob McKinney is the defense attorney you need."As a LEO wife, I was served with a frivolous OP from an estranged step family member. With the possibility of my husband not being able to process any firearms in our household, Mr McKinney's understanding the severity of the situation, Rob took the time to investigate and prepare for the hearing. With that said, Rob absolutely destroyed the petitioner and witnesses on the stand. It was worth the time, money and stress to see Rob in action. If the need ever arises in the future, Rob will always be our first call. You cannot go wrong putting your trust in Mr. McKinney.- Tara
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"Mr. McKinney is listed with Super Layers for a reason!"In the darkest and most ashamed moment of my life, Mr. McKinney with all of his kindness, encouragement, and unsurpassed knowledge for the Tennessee law was by my side. I am nearly 60 years old and never had a conflict in my life, let alone one that involved an uncontrollable emotional reaction, that resulted in a physical altercation. Yet under the influence of prescribed drugs for insomnia, anxiety management, and alcohol, I made a grave mistake which resulted in Class C Aggravated Assault Felony Charge. To complicate matters, I am not a resident of Tennessee. It goes without saying that Mr. McKinney has earned the utmost respect as a top tier lawyer from the Tennessee court system. He was able to professionally articulate my case to the court, emphasizing that I risk losing employment, showed that I voluntarily turned myself in, and that I was a first-time offender. The court listened to him and as a result he was able to negotiate terms that far exceeded my expectations. I spent a lot of time between my arrest and court appearance researching the standard outcomes for an aggravated assault charge in the State of Tennessee, and based on what I read, I expected the worst judgement to be passed down. Mr. McKinney however worked with the court system to not impose jailtime and an opportunity to have the charges expunged from my record. I know that I will forever be ashamed and grieve over the event, but he was able to provide me with the opportunity to work the rest of my life making this right to the victim, my family, and others that were emotionally impacted. Mr. McKinney is worth his weight in gold. He knows the law. He is respected. He is highly skilled as a lawyer. He is the very best. I only wish I met and got to know of him under better circumstances.- SB
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""Best Lawyer In the world will not quit .""Best lawyer have known will not quit will fight all the way!- Marvin Johnson
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"On more than one occasion, you treated me like kin. It meant more than you both will ever know."On more than one occasion, you treated me like kin. It meant more than you both will ever know.- Satisfied Client
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"Forever Grateful"I want to personally thank Mr. Rob and Ms. Shyanne for everything they have done for me that took me to the resolution of being able to go on with my life. I’m forever blessed to have met them and had them in my life at a very rough time. Thank you.- K.
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"Rob McKinney did an exceptional job! Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way!"Rob McKinney did an exceptional job! I was extremely worried about my case. Not only did he get the best outcome possible for my case, he had skilled knowledge to answer all my questions about my nursing license along the way. I would recommend him to all of my closest friends and family. Karen and the entire staff are extremely helpful and I always felt that I was a priority. Thank you Mr. McKinney for helping to keep my future bright! I am so very thankful to you!- Very Satisfied Client
