The Impact of Criminal Charges on CDL Holders in PA

In Pennsylvania, CDL holders are held to higher standards due to the nature of their occupation. Criminal charges, especially DUIs, carry severe consequences:

  • Lower BAC Threshold: For CDL holders, the legal blood alcohol concentration (BAC) limit is 0.04% when operating a commercial vehicle, half the standard 0.08% for non-commercial drivers.
  • License Suspended: A first-time DUI can result in a one-year suspended of your CDL, regardless of whether the offense occurred in a commercial or personal vehicle. Transporting hazardous materials at the time increases the disqualification period to three years.
  • Employment Challenges: A conviction can lead to job loss and create significant obstacles in securing future employment within the commercial driving industry.

Vehicles That Require a CDL in Pennsylvania?

In PA, a Commercial Driver’s License (CDL) is required to operate the following:

  • Combination Vehicles (Class A): Any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the vehicle being towed exceeds 10,000 pounds.
  • Single Vehicles (Class B): Single vehicles with a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more, or any such vehicle towing another vehicle not exceeding 10,000 pounds.
  • Small Vehicles (Class C): Vehicles that do not meet the criteria for Class A or B but are designed to transport 16 or more passengers (including the driver) or are used to transport hazardous materials requiring placarding.

Additionally, specific endorsements are necessary for certain vehicles or cargo, such as school buses, tank vehicles, or vehicles carrying hazardous materials.

Why You Need a CDL Lawyer to Protect Your License

It’s important to note that criminal charges, particularly those related to driving offenses, can jeopardize your CDL privileges. For instance, a DUI conviction can lead to a one-year disqualification for a first offense and a lifetime CDL suspension for a second. Given the complexities of how criminal charges intersect with CDL regulations, it’s wise to consult with a CDL lawyer experienced in both areas early on to handle your situation effectively.”

Contact Fienman Defense for a highly skilled professional license defense attorney in Philadelphia who understands the stakes and will fight to secure the best possible outcome.

CDL Administrative Penalties for DUI & Other Offenses

In Pennsylvania, CDL holders face stringent administrative penalties for various offenses, reflecting the critical responsibility of operating commercial vehicles. These penalties are enforced by the Pennsylvania Department of Transportation (PennDOT) and can significantly impact a driver’s career.

 DUI or Drug Charges

A first-time conviction for DUI or drug charges results in a one-year CDL license suspension privilege. The suspension extends to three years if the offense occurs while transporting hazardous materials. A second offense leads to a lifetime disqualification.

Refusal to Submit to a BAC Test

Refusing chemical testing incurs the same penalties as a DUI conviction—a one-year CDL license suspension for the first offense and a lifetime disqualification for subsequent offenses.

Using a Vehicle to Commit a Felony

Utilizing any vehicle in the commission of a felony results in a one-year disqualification. If the felony involves manufacturing, distributing, or dispensing controlled substances, the disqualification is for life.

Leaving the Scene & Serious Traffic Violations

A hit-and-run offense leads to a one-year CDL license suspension for the first offense. Convictions for two serious traffic violations within three years result in a 60-day disqualification. Three or more violations within the same timeframe lead to a 120-day disqualification. Serious traffic offenses include excessive speeding (15 mph or more over the limit), reckless driving, and following too closely.

Violating Out-of-Service Orders

Disregarding an out-of-service order can lead to disqualification periods and fines, with increased penalties for multiple offenses.

Railroad-Highway Violations

  • First Offense: 60-day disqualification.
  • Second Offense within Three Years: 120-day disqualification.
  • Third or Subsequent Offense within Three Years: One-year disqualification.

The Disciplinary Process for CDL Holders in PA

Regardless of the type of commercial vehicle you drive for a living, understanding the administrative disciplinary process for professional drivers in PA is crucial, as it operates separately from criminal proceedings but can significantly impact your professional driving credentials.

The CDL License Suspended Notification

When the Pennsylvania Department of Transportation (PennDOT) determines that your CDL license suspended, you will receive a notice detailing the action, including the reason and duration. Remember that you cannot request an administrative hearing to contest the suspension or disqualification. However, you may request a hearing for specific purposes.

CDL Lawyer Administrative Hearings

During the hearing, you (the petitioner) will testify under oath, present evidence and witnesses, and respond to questions from PennDOT’s representative or legal counsel. PennDOT will also present its evidence and witnesses. Both parties have the opportunity to cross-examine witnesses. While legal representation is not mandatory, having a CDL lawyer experienced in these matters is advisable.

Reasons Drivers May Request a CDL Lawyer Hearing

  • Update or Review Driving Record: Ensure the accuracy of the recorded information.
  • Credit for Time Served: Request acknowledgment of time already served under suspension or disqualification.
  • Appeal Restricted License Eligibility: Challenge PennDOT’s decision regarding eligibility for a restricted license.
  • Credit for Ignition Interlock Order: Seek credit related to installing and maintaining an ignition interlock device.

Hearings Will Not Address

  • Reducing the duration of a suspension or revocation.
  • Determining the validity of the suspension or revocation.
  • Adjusting or correcting the driving record.
  • Challenging the requirement to use an ignition interlock device. 

Proposed Report & Final Order

After the hearing, the Hearing Officer issues a proposed report detailing findings of fact, conclusions of law, and an order. Both you and PennDOT have 30 days from the mailing date of the proposed report to file exceptions, as outlined in 67 Pa. Code § 491.12. The proposed report becomes final if no exceptions are filed within this period.

Considerations for CDL Holders

  • Timeliness: Filing exceptions or requests beyond the specified timeframes can result in waiving the right to contest the decision.
  • Legal Representation: Navigating the administrative process can be complex. Engaging an attorney with prior experience and success in CDL-related criminal cases and administrative hearings can go a long way in protecting your livelihood.

Restoring Your CDL in Pennsylvania

To reinstate a suspended or disqualified Commercial Driver’s License (CDL) in Pennsylvania, follow these steps:

  • Obtain a Restoration Letter: Visit PennDOT’s Online Services and select “Request Your DL Restoration Requirements Letter.” Alternatively, call PennDOT’s Customer Care Center at 717-412-5300 to receive the letter by mail.
  • Fulfill All Requirements: Complete mandated programs like alcohol education or defensive driving courses. Settle all fines and fees associated with your suspension or disqualification. Provide proof of insurance or financial responsibility, if required.
  • Pay the Restoration Fee: Restoration fees are set by law and may change biennially based on the Consumer Price Index. Fees can be paid online through PennDOT’s Restoration Payment portal.
  • Verify Restoration of CDL: After completing all requirements, confirm that your CDL privileges have been reinstated by checking your status online or contacting PennDOT.

For detailed information, refer to PennDOT’s Driving Privilege Sanctions and Restoration Requirements Letter Fact Sheet.

CDL and the ARD Program

As a licensed CDL driver with a DUI in the Commonwealth of Pennsylvania, you will lose your CDL for one year. This penalty may be enforced even if your DUI occurred while you were driving your vehicle. However, an experienced CDL license defense lawyer from our team may be able to help you avoid the loss of your license.

One way this can be done is through participation in the Accelerated Rehabilitative Disposition Program (ARD) program. If you are a first-time DUI offender and qualify for participation in the program, you may take advantage of it and avoid conviction while potentially having your record expunged.

Aggressive & Passionate Defense for CDL Holders in Phila

Attorney Michael H. Fienman brings extensive experience in both criminal defense and administrative law, offering a comprehensive strategy to safeguard your Commercial Driver’s License (CDL) and professional reputation.

Defense Strategies for Commercial Drivers

  • Defend Against Criminal Charges: Provide robust defense strategies for CDL holders facing criminal allegations, ensuring your rights are protected.
  • Personalized Approach: Develop tailored strategies that consider your circumstances and professional background.
  • Proactive Mitigation: Take steps to address potential issues before they escalate, aiming to reduce or eliminate penalties.
  • Negotiation of Settlements: When appropriate, we negotiate pleas and settlements to resolve matters efficiently while minimizing the impact on your career.
  • Administrative Hearing Representation: Representing you in proceedings before the Pennsylvania Department of Transportation (PennDOT), advocating on your behalf to prevent or mitigate disciplinary actions.
  • License Reinstatement & Appeals: Assisting in navigating the complex reinstatement process and handling appeals to restore your ability to operate commercial vehicles.

Further Reading: CDL Defense

For more insights into defending your commercial driving license:

Act Now to Defend Your CDL

Facing criminal charges or disciplinary actions can be daunting for CDL holders in Philadelphia and the surrounding areas, but you don’t have to navigate this challenging time alone. With Fienman Defense, you gain a dedicated criminal defense attorney and a highly experienced professional license defense lawyer committed to preserving your CDL.

Call Fienman Defense at (215) 839-9529 for a free and confidential consultation with a local Philadelphia CDL defense attorney.

Commercial Driver’s License Defense: FAQs

Can a CDL Holder Obtain a Hardship or Occupational License?

Pennsylvania does not offer occupational limited licenses for CDL holders. However, you may be eligible to apply for a non-commercial driver’s license to operate a personal vehicle during the disqualification period.

Will a DUI in My Personal Vehicle Affect My CDL?

Yes, a DUI conviction, regardless of whether it occurred in a personal or commercial vehicle, affects your CDL status and can lead to disqualification.

Can I Challenge the Disqualification of My CDL?

While you cannot request an administrative hearing to contest the disqualification itself, you may request a hearing to address specific issues such as credit for time served or eligibility for a restricted license.

What Happens if I Refuse a BAC Test as a CDL Holder?

Refusing a chemical test results in the same penalties as a DUI conviction, including a one-year CDL disqualification for a first offense and lifetime disqualification for subsequent offenses.

Can I Still Drive a Personal Vehicle During a CDL Suspension?

Yes, in most cases, a CDL suspension only affects your ability to operate commercial vehicles. You can retain the privilege to drive a personal vehicle unless your non-commercial license is also suspended.

How Does a Reckless Driving Charge Impact My CDL?

Reckless driving is considered a serious traffic offense. Accumulating multiple serious violations within three years can result in disqualification periods ranging from 60 to 120 days.

Can a CDL Be Disqualified for Violations Outside of Pennsylvania?

Out-state violations can lead to CDL disqualification if the offense is recognized under federal or Pennsylvania CDL regulations. Reporting these violations is mandatory.

What Should I Do After Receiving a CDL Suspension Notice?

Consult an experienced CDL defense attorney immediately. They can help you understand your options, including requesting a hearing for specific matters like reviewing your driving record or appealing restricted license eligibility.

How Can an Attorney Help My CDL?

An attorney experienced in DUI defense and administrative law can develop a comprehensive defense strategy, represent you in court proceedings, negotiate on your behalf, and guide you through the administrative processes to protect your CDL and livelihood.

Contact an Experienced CDL License Defense Attorney

We understand the struggles you are facing as your CDL license is under threat of suspension or revocation. Our experienced legal team at Fienman Defense is committed to building the strongest possible case on your behalf. We will fight hard in order to reach a reduction of, or – if possible – elimination of the consequences you are facing. We know how to defend your livelihood.

Call our office today at (215) 987-4302 to set up a consultation.