An operating under the influence conviction or chemical test refusal can have serious consequences for commercial driver’s license (CDL) holders or those who are attempting to obtain a CDL. G.L. c. 90F § 9 and 49 CFR 383.51 contain stiff penalties for CDL drivers who commit OUI related offenses. For example, a first offense DUI conviction will result on in a 1 year Framingham MA CDL suspension or disqualification period. A second offense DUI will result in a lifetime CDL suspension or disqualification. It does not matter whether or not the operating under the influence offense was committed in a passenger car or a commercial motor vehicle. 

The law treats chemical test refusals and breathalyzer refusals the same as DUI convictions. This means that if a CDL driver has a prior OUI conviction and refuses to submit to a chemical breath or blood test in a separate incident, his CDL will be revoked for life. The lifetime Framingham CDL DUI revocation will be imposed even if the second DUI results in a not guilty verdict. This is because under the CDL law, the refusal to be tested as treated just like a DUI conviction. However, G.L. c. 90F § 9 treats a refusal to be tested and DUI conviction which arise out of the same drunk driving incident as a single offense. 

Other major CDL violations include driving a CDL vehicle with a BAC of .04 or more, leaving the scene of an accident, and using a commercial motor vehicle to commit a felony. A first offense or chemical test refusal will result in a 1 year Framingham Mass CDL suspension and a second violation or breathalyzer refusal will result in a lifetime CDL revocation / disqualification. 

Nobody depends on his or her license more than a truck driver. Therefore, hiring the right lawyer to fight your drunk driving charge or appeal your CDL suspension is critical. Attorney Brian E. Simoneau has personally helped numerous CDL license holders get their licenses and lives back, even when the driver’s CDL was revoked for life due to a drunk driving conviction or breathalyzer refusal.