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) 256-7337 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.

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.

Protect your CDL by consulting a DUI attorney who understands commercial driving laws.

Frequently Asked Questions (FAQ) About Commercial DUI in Tennessee

Can I Still Drive a Personal Vehicle if My CDL Is Suspended?

Yes, but it depends on the circumstances. A CDL suspension doesn’t always affect your regular license, but if both are suspended, you may need a restricted license. For multiple DUI convictions, penalties are harsher and could lead to permanent revocation. A DUI attorney can help you understand your options.

Will a Commercial DUI or Underage DUI Show Up on My Background Check?

Yes, both a commercial DUI and an underage DUI will appear on your driving record and criminal background check. Many employers in the transportation industry review these records before hiring, which can make it harder to secure a job. Additionally, an underage DUI can have long-term consequences, affecting future employment opportunities, college admissions, and insurance rates.

Can I get a commercial DUI expunged from my record?

In Tennessee, DUI convictions—including commercial DUI—cannot be expunged. This means the conviction will stay on your record permanently, impacting your future employment and insurance rates.

Do I have to inform my employer if I’m arrested for a DUI?

Most commercial driving jobs require employees to report any DUI arrests or convictions within a certain timeframe. Failing to disclose this information could result in termination, even before a conviction.

What Happens if I’m Charged with a DUI While Off Duty?

A DUI in your personal vehicle can still result in a one-year CDL suspension, making it difficult to continue your career. However, if your conviction was based on legal errors, you may have the option to file a DUI appeal. An appeal can challenge improper evidence, procedural mistakes, or violations of your rights. An experienced DUI attorney can assess your case and help you fight for your CDL.

Can I refuse a field sobriety test as a commercial driver?

Yes, you have the right to refuse field sobriety tests, but doing so may still lead to an arrest. However, refusing a chemical test (breath or blood test) can result in automatic CDL suspension under Tennessee’s implied consent laws.

How can I keep my CDL after a DUI arrest?

You should contact a commercial DUI lawyer immediately. A strong legal defense may help you reduce or dismiss the charges, negotiate for lesser penalties, or challenge the CDL suspension.

Contact a Nashville Commercial DUI Attorney Today

If you are a commercial driver and have been charged with a DUI, you should not hesitate to contact May McKinney, PLLC as soon as possible. We can help you explore your options and protect your rights. In addition, we have handled thousands of DUI cases and can ensure that your case is handled with the care and attention it deserves.

Experienced DUI Defense for Commercial Drivers – Don’t face these charges alone. Contact us at (615) 256-7337 to fight for your rights.