A Commercial Driver’s License (CDL) opens doors to careers in trucking and transportation, but a DUI conviction can disrupt that path. In South Carolina, CDL holders face stricter consequences for DUIs, including license suspension or revocation. If you're a CDL holder, these consequences can jeopardize your livelihood. However, if you're facing a DUI charge, you're not completely out of options. Having a skilled South Carolina DUI defense attorney on your side can help protect your rights and your future.
What are the penalties for CDL holders with a DUI in South Carolina?
CDL holders face stricter penalties for DUI convictions than non-commercial drivers. Beyond license suspension or revocation, a DUI can result in:
- First-time DUI conviction penalties: License suspension for up to one year, even if the offense occurred while operating a personal vehicle.
- Second-time DUI conviction penalties: Permanent disqualification from holding a CDL, significantly impacting long-term career prospects.
- Employment challenges: Many trucking companies are reluctant to hire drivers with DUI convictions, even after their license is reinstated.
Can a DUI conviction on a CDL be expunged in South Carolina?
While South Carolina allows certain criminal records to be expunged, DUI convictions typically cannot be removed from a CDL holder’s driving record. This means the consequences of a DUI can follow you for life, affecting job opportunities and insurance rates. However, an experienced attorney can explore options to minimize the impact, such as negotiating reduced charges or proving procedural errors in your case.
How does South Carolina’s implied consent law affect CDL holders?
South Carolina’s implied consent law requires drivers to submit to chemical testing if suspected of DUI. Refusing a breath, blood, or urine test can result in:
- Immediate license suspension: For CDL holders, this includes disqualification from driving commercial vehicles for a year, even on a first offense.
- Evidence used against you: Refusal may be used as evidence in court, making it harder to challenge the charges.
Can I apply for a restricted CDL after a DUI conviction?
South Carolina allows you to apply for a restricted CDL after a DUI conviction, but you must meet the state’s requirements first. The process demands accountability and effort, as the state puts safety and responsibility for CDL holders first.
When you fulfill the specific conditions needed for a restricted CDL, you can begin restoring your driving privileges and rebuilding your career. This opportunity offers you a second chance, but it comes with strict expectations to ensure you’re ready to return to the road safely and responsibly.
What are the requirements for obtaining a restricted CDL after a DUI conviction?
To regain driving privileges, you must meet several clear-cut requirements:
- Serve the suspension or revocation period: Complete the penalty period set by the South Carolina DMV or court based on your DUI conviction.
- Complete substance abuse counseling: Enroll in and finish an approved counseling program to address issues related to alcohol or drug use.
- Install an ignition interlock device (IID): Equip your vehicle with an IID, which ensures alcohol-free operation. Cover all related costs.
- Show proof of financial responsibility: File an SR-22 insurance certificate with the DMV to demonstrate that you meet liability coverage requirements.
- Submit a reinstatement application: Provide all required documents, including proof of counseling completion and insurance, along with your application.
- Pay all fees and penalties: Settle reinstatement fees, administrative costs, and IID program charges.
- Pass CDL tests: Successfully complete knowledge and skills tests to prove your ability to operate commercial vehicles safely.
How can I rebuild my life and career after a DUI?
Regaining a restricted CDL isn’t just about meeting legal requirements; it’s a chance to reset. Completing substance abuse counseling equips you with tools for better decision-making. Installing an IID reinforces safer habits and protects public safety. Additionally, returning to work with a restricted CDL lets you rebuild your livelihood while proving your commitment to responsibility.
After receiving a restricted CDL, you must follow all SCDMV conditions, including substance abuse counseling, IID upkeep, and valid insurance. Noncompliance can lead to penalties and setbacks. Most importantly, avoid any future DUI charges by staying sober. The restricted CDL process is your opportunity to break past patterns while maintaining your career.
Protect your license, your job, and your reputation
If you’re a CDL holder facing DUI charges in South Carolina, your career and livelihood are on the line. As a former Richland County assistant solicitor, DUI defense attorney Matt Bodman has the experience to challenge the evidence against you, uncover law enforcement errors, and fight to reduce or dismiss your charges. Attorney Bodman has extensive knowledge of South Carolina’s DUI laws. He has successfully defended clients by identifying procedural mistakes, challenging field sobriety tests, and upholding the rights of those facing DUI charges.
Don't wait to take action and protect your career. Our law firm offers a free consultation to discuss your legal options and build a strong defense. Time is critical, especially for CDL holders, so don’t delay. Contact us online or call our Columbia law office today to set up your free initial consultation.
"Matt represented me for two different charges and did it in a very professional manner. I was kept up to date on any matters regarding my case, and the entire time, felt like my case was a priority for him. He maintained a confident attitude, which gave me confidence and eased any worries I had regarding my case. Matt is a very skilled and experienced attorney, and I highly recommend his services." - Anonymous client, ⭐⭐⭐⭐⭐
