Virginia CDL DUI Defense Attorney

Commercial drivers, including truck and delivery drivers, know how serious a DUI charge can be. A conviction in Virginia may cost you your CDL and even your career. With so much at stake, it’s important to understand your rights. Our Virginia DUI defense attorneys are ready to help.

At Welch & Wright, PLLC, we are committed to building strong legal cases designed to succeed. The keys to our success are our relentless drive to win and our close attention to detail. We leave nothing to chance. We carefully investigate every case. We prepare every case for trial if necessary. And we thoroughly understand the state and federal laws that apply to CDL DUI cases in Virginia. You can rely on us to take on the challenge when your freedom is at stake.

Why Choose Welch & Wright, PLLC

Welch & Wright, PLLC, understands how complex CDL DUI charges can be, especially when your license and your livelihood are at risk. Drawing on extensive experience with Virginia DUI laws, we build a defense strategy tailored to your case. When you work with our firm, you gain a determined legal team with courtroom experience and a clear focus on protecting your livelihood.

Testimonials

“What can I not say about Nick Wright. Hiring Nick as my defense attorney was the best decision I could have made. From the very beginning, he demonstrated an impressive level of knowledge, professionalism, and dedication to my case. He took the time to explain everything in detail, ensuring I understood my options and the legal process ahead. Other than his Knowledge, What truly sets Nick apart is his compassion and commitment to his clients. He didn’t just see me as another case—he treated me with respect and fought tirelessly to get the best possible outcome…. because he CARES. His strategic approach and deep understanding of the law gave me confidence every step of the way. Because of Nick’s expertise and persistence, my case was resolved far better than I had hoped. If you need a sharp, reliable, and genuinely caring defense attorney, I cannot recommend Nick Wright highly enough.” — Tommy J.

“Nick was great. Helped me understand my charges and what I was potentially looking at as a result. He handled everything involved up to the date through 2 reschedules. Once we got in he managed to get my charges lowered from a misdemeanor to a minor traffic infraction helping me with keeping my job. Would 100% make the same decision to go with him again if I had to go back.” — Nathan S.

“Nick Wright did an excellent job of managing my case. He provided clear information of what to expect in advance of the court date. He represented me appropriately in court and achieved the desired outcome. Then he sent me a follow-up letter to document the outcome. I greatly appreciated his support. It was worth the cost.” — Mareile K.

No Alcohol Consumption for CDL Drivers in Virginia

The Virginia Code 46.2-341.31 outlines the state’s restrictions for CDL drivers under the influence of alcohol. The law is very clear: “No person shall drive a commercial motor vehicle while having any amount of alcohol in his blood,” adding, “Any person found to have so driven a commercial motor vehicle shall be guilty of a traffic infraction.” So even if someone does not exceed the BAC limit of .04 necessary for a DUI conviction, it is still against the law for CDL driver to have consumed any alcohol while operating a commercial motor vehicle.

When Are CDL Drivers Considered Legally Intoxicated in Virginia?

Under Virginia Code 46.2-341.24, there are two thresholds for being considered legally intoxicated in Virginia for CDL drivers while operating a motor vehicle. A blood alcohol concentration (BAC) of 0.04 percent or higher, according to the BAC standards established by the Federal Motor Carrier Safety Administration, can result in a DUI conviction. If the BAC does not reach .08, then the punishment for a DUI at that BAC level for a CDL holder operating a motor vehicle is a class 3 misdemeanor conviction according to Virginia Code 46.2-341.29. Although no jail time can be imposed, the CDL holder can face a fine of up to $500, as well as a disqualification of their CDL endorsement for at least 60 days.

According to Virginia Code 46.2-341.28, if the BAC of the CDL holder is .08 percent or higher, then the driver may be convicted of a class 1 misdemeanor, and can be sentenced to an active jail sentence, a license suspension, a requirement to enroll and complete a Virginia Alcohol Safety Action Program (VASAP) course, a fine of up to $2,500, and a disqualification of their CDL endorsement for at least 1 year. If the CDL holder’s BAC is .15 or higher, then they face an automatic mandatory minimum 5 day active jail sentence. If the CDL holder’s BAC is higher than .20, then they face an automatic mandatory minimum 10 day active jail sentence.

It is important to note, that while driving a personal vehicle, CDL holders are only held to the same BAC standards as other drivers. Therefore, their BAC needs to reach .08 or higher before the presumption of intoxication attaches. Although not advisable, there is no absolute bar for CDL holders to drive their personal vehicles with alcohol in their system like there is if they operate commercial motor vehicles.

What Are the Penalties for CDL Drivers Convicted of a DUI in Virginia?

If you are charged and convicted of DUI while operating a commercial vehicle requiring a CDL in Virginia, a first offense can lead to the following penalties, if the BAC is .08 or higher:

• Automatic disqualification of your commercial driver’s license for one year or more
• Up to one year of active jail time
• Suspension of your privilege to drive personal vehicles for one year
• Requirement to complete a VASAP course
• Minimum fine of $250

Can a CDL Driver Face Jail Time for a DUI in Virginia?

A CDL driver with a BAC of 0.08 percent or higher may face up to one year in jail and fines up to $2,500.

According to the Virginia DMV, convictions of major violations for CDL holders include:

• Driving a commercial motor vehicle with a blood alcohol content (BAC) or 0.04 or higher.
• Driving a commercial motor vehicle while under the influence of alcohol or drugs.
• Refusing a blood and/or breath test while operating a commercial motor vehicle.
• Failing to stop at the scene of an accident that involves your commercial motor vehicle if the accident causes injury or death.
• Using a commercial motor vehicle to commit a felony.
• Making a false statement on any application for a commercial driver’s license.

A conviction for any of these offenses will result in a 1 year disqualification of your CDL license. A second conviction will result in a lifetime disqualification of your CDL license. If you are convicted of any of these violations while transporting hazardous materials, then there is a 3 year disqualification of your CDL.

Can a Driver With a DUI Conviction Have a CDL in Virginia?

Yes, but only if you have one or fewer DUI convictions and your CDL disqualification has expired. If you are charged and convicted of a second DUI, you are no longer eligible for a CDL.

Can a CDL Driver With a DUI Conviction in Virginia Obtain a Restricted License?

There is no such thing as a restricted CDL. You may be able to obtain a restricted driver’s license to drive your personal car to work, school, doctor’s appointments, and other specified locations, but you cannot drive a commercial vehicle. If you get a DUI and your CDL endorsement is suspended, you may not be able to keep your job and continue to earn a living. It is highly recommended that anyone with a CDL charged with DUI in Virginia immediately get in contact with an experienced DUI lawyer.

What if a CDL Driver Was Charged for a DUI While Driving a Non-Commercial Vehicle?

CDL holders who are driving under the influence while operating a non-commercial vehicle in Virginia still face significant consequences that could impact their commercial driving career, including disqualification of their license.

The legal BAC threshold for non-commercial drivers is 0.08 percent, but a CDL holder can face administrative penalties for a DUI conviction, regardless of the vehicle type. A CDL holder convicted of DUI, even in a personal vehicle, may face the following penalties:

• Fines
• Potential jail time
• Misdemeanor conviction (if the BAC is 0.08 percent or higher)
• Suspension of their non-CDL driving privileges
• Disqualification of their CDL for a year or more

A DUI conviction in any vehicle can result in a 1-year CDL disqualification. If the driver was transporting hazardous materials, the disqualification period is 3 years. If it’s a second offense, the disqualification period is for life.

How Long Does a DUI Conviction Stay on a CDL Holder’s Records?

A DUI conviction remains on your criminal record permanently, and there is no option for expungement unless done through executive clemency or the case is dismissed or you are found guilty. However, on the DMV driving record, a DUI conviction remains noted for 11 years. This is why even a first offense is so critical to fight. A driver’s license suspension can impact every facet of your life, especially when you are a commercial driver. The long-term consequences of the suspension on your career can be significant. Working with a DUI defense lawyer can help protect your rights and your career.

What Happens if I Am Charged With a DUI, But Not Convicted?

In some situations, a person may be charged with a CDL DUI but not convicted. This means, for example, law enforcement pulled you over for traffic violations of some type and believed that you were over the legal limit. However, in some way, the charges did not remain, perhaps due to mistakes made by law enforcement, such as lacking probable cause, or because your attorney proved you were not intoxicated during trial and the judge found you not guilty.

Ultimately, the employer’s policies determine if you can maintain your job. In most situations, fighting to avoid conviction is beneficial. But an employer can terminate you simply for being charged with a DUI.

How Does a DUI Conviction Impact My Insurance Coverage?

A CDL DUI conviction may impact your insurance in several ways. Like any high-risk behavior or reckless driving, insurance companies are likely to:

• Raise your premiums
• Reduce or restrict coverage
• Decline to renew your policy

How Can a Lawyer Help With a DUI Charge in Virginia?

Facing a charge of this nature could change the course of your life. Working with a criminal defense lawyer with legal experience representing CDL holders charged with DUI gives you the crucial knowledge and resources necessary to help you navigate the case. This is a complex area of the law, with significant risks, including disqualification of the license that allows you to work. Our legal team will help you in several ways:

• Educate you on your rights and CDL DUI laws
• Investigate your case and review claims
• Protect your rights throughout the legal process
• Create a defense strategy
• Negotiate with the prosecutor
• Represent you in court proceeding

Commercial drivers need their CDL to make a living. Without a CDL, you might be out of a job, fined thousands of dollars, and perhaps even sentenced to jail.

Don’t Risk Your Driving Privileges. Call a Virginia DUI Defense Attorney Today.

Protect your career and your future by working with Welch & Wright, PLLC. Call (757) 707-8803 or use our online contact form to schedule a free consultation with one of our DUI defense attorneys in Hampton Roads, Virginia.