Tough Times Call For Tough Representation

Photo of Gary S. Bernstein


On Behalf of | Jun 9, 2011 | DUI |

Many lawyers are having problems figuring out the issues a driver charged with DUI who holds a CDL.  AN INTERLOCK IS A SUSPENSION AND YOU LOSE YOUR CDL.  A PBJ FOR DUI OR PER SE LOSES YOUR CDL. If you blow a .15 or above take the 90 day hit, and then you get your CDL back!  On a refusal take the 120 day hit, and then get your CDL back.  I know you have to work, but the interlock is a suspension, and you lose your CDL when you are suspended.  Taking the interlock causes you to lose your CDL for a year.  The only way to get around the mandatory suspension of the CDL is either a PBJ or a Guilty to Driving While Impaired – 21-902 (b).  Sometimes you can give up the PBJ on the DUI if you accept the guilty and the points for the DWI. If you are found Guilty you will receive a letter of suspension offering either a Hearing or that damn interlock for 9 months.  You take the Hearing and hope your attorney can convince the ALJ that you could have had a PBJ for the more serious DUI and avoided a Hearing except you would have lost the CDL.  Now if the ALJ thinks that because you drive a tractor-trailer and blew a .15 makes you a nuisance and a danger, you will get another suspension.  It can be reduced to a days or months, but you have no choice.