Suppose you hold a commercial driver’s license (CDL) in Nevada. In that case, it’s important to be aware of the stricter regulations and penalties when it comes to driving under the influence (DUI) offenses. At ATAC LAW, we understand the complexities of commercial license DUI cases and are here to provide you with valuable information. In this blog post, we’ll answer frequently asked questions and shed light on the penalties and defenses associated with commercial license DUI in Nevada.
What constitutes a commercial DUI in Nevada?
Under Nevada Revised Statutes (NRS) 484C.120, a commercial DUI is when a person with a blood alcohol content (BAC) of 0.04% to less than 0.08% operates a commercial motor vehicle on a highway or premises accessible to the public. Commercial drivers have a lower BAC limit compared to non-commercial drivers.
What vehicles are considered commercial vehicles?
Commercial motor vehicles (CMVs) in Nevada include trucks, buses, and shuttles used for commerce or transporting passengers or property. CMVs can be identified by meeting specific criteria, such as having a gross combination weight rating of 26,001 or more lbs., transporting hazardous materials, or carrying 16 or more passengers.
What are the penalties for a commercial DUI under NRS 484C.120?
For a first-offense commercial DUI, the penalties may include 2 days to 6 months in jail, fines ranging from $400 to $1,000, attendance at a victim impact panel, completion of DUI School, a one-year CDL suspension, and a 185-day suspension of your non-commercial driver’s license. Subsequent offenses carry harsher penalties, including longer jail terms and permanent CDL revocation.
Will I lose my CDL?
If convicted of a commercial DUI, your CDL will be suspended for one year for a first offense, with a three-year suspension if you transport hazardous materials. A second offense will result in a permanent CDL revocation. Be aware that CDL holders face these suspensions even if the DUI offense occurred in a non-commercial vehicle or if they refused a chemical test following the arrest.
Will I lose my regular driver’s license?
Commercial DUI defendants who have their CDL suspended will also face a suspension of their non-commercial driver’s license. A first-offense commercial DUI results in a 185-day suspension, a second offense leads to a one-year suspension, and a third offense can result in a three-year suspension. Installing an ignition interlock device may allow you to resume driving on your non-commercial license for a first-time offense.
Can I challenge the charges?
Several potential defenses can be used to challenge commercial DUI charges in Nevada. These include proving exhaustion rather than intoxication, disputing the classification of the vehicle as a commercial vehicle, demonstrating a medical condition or dental work that affected breath test results, and showing improper police conduct or errors in administering the tests. It’s crucial to consult with an experienced attorney to assess the viability of these defenses based on your specific case.
At ATAC LAW, we understand the impact a commercial DUI conviction can have on your livelihood and future. Our team is dedicated to providing effective legal representation and guidance throughout the process, fighting to get your charges reduced or dismissed while protecting your driving privileges.
Legal Reference:
Nevada Revised Statutes: NRS 484C.120
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