Commercial truck drivers can lose their right to drive if they are convicted of driving under the influence (DUI) in Tennessee. Under state law, all drivers can be convicted of a DUI offense if their blood alcohol content (BAC) level is .08 or more. Being convicted of a DUI will also impact a person’s driving privileges and may lead to a license suspension or revocation. Whether a driver’s license is suspended or revoked and the length of the suspension or revocation depend on the BAC level and whether the driver has any prior convictions. If the driver has a CDL, the law is even more strict, and the consequences may include the loss of the person’s livelihood. For commercial drivers, legal representation is especially important because of the significant impact these charges can have on their lives and livelihoods.

The DUI laws in Tennessee

The precise terms of Tennessee’s DUI law are that it is “unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state…” while:

• Under the influence of any intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof that impairs the driver’s ability to safely operate a motor vehicle by depriving the driver of the clearness of mind and control of oneself that the driver would otherwise possess
• The alcohol concentration in the person’s blood or breath is eight-hundredths of one percent (0.08%) or more; or
• With a blood alcohol concentration of four-hundredths of one percent (0.04%) or more and the vehicle is a commercial motor vehicle as defined in § 55-50-102.

As you can see, drivers of commercial vehicles can be convicted of a DUI if their BAC is just .04.

Commercial drivers and DUIs

A commercial vehicle is defined as:

A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle

• Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds
• Is designed to transport sixteen (16) or more passengers, including the driver; or
• Is of any size and is used in the transportation of hazardous materials, as defined in this section

A commercial driver’s license (CDL) is:

A license issued by the department in accordance with the standards contained in 49 CFR Part 383 to an individual that authorizes the individual to operate a class of commercial motor vehicle. A commercial driver’s certificate accompanied by a valid driver’s license shall be considered a valid commercial driver’s license.

Generally, CDL drivers don’t need to inform their employer of a DUI arrest unless they have an employment agreement with their employer that requires that they disclose a DUI arrest. However, they do have to tell their employer if they are convicted of a DUI. Any employer who runs a background check on your driving record will likely discover that you have a DUI conviction.

Penalties for DUI convictions in Tennessee

The penalties for a first DUI conviction in Tennessee are:

• A possible jail sentence of from 48 hours to up to 11 months and 29 days. Clearly, if you are in prison, you won’t be able to think about driving until you are released. A recently passed Tennessee law increases the minimum time to 7 days if your BAC is .15 or higher
• A possible fine of up to $1,500.
• Commercial drivers will not be allowed to drive for one year. Commercial drivers who were transporting hazardous materials will lose their licenses for three years.
• A second DUI conviction means that a commercial driver will never be able to drive a commercial motor vehicle again.
• The license of a non-commercial driver will be suspended for up to one year.
• The requirement to participate in an alcohol/drug treatment program.

Non-commercial drivers may be eligible for a restricted driver’s license to go to work, school, or to see doctors.  Commercial drivers cannot use a restricted driver’s license to drive commercial vehicles.

You may also lose your right to drive a commercial motor vehicle if you refuse to submit to a breath or blood test – because Tennessee provides that all drivers on Tennessee roads give their implied consent to be tested.

The state of Tennessee states that the Federal Motor Carrier Safety Administration (FMCSA) requires that all DUI convictions for drivers who possess a CDL must be reported within ten days. Tennessee’s own CDL conviction requirement is just five days. Tennessee also requires that any person with a CDL must report all traffic citations – whether they are CDL or non-CDL related.

There may be additional hurdles to obtaining a CDL if you have a DUI on your record. Reinstating your CDL if you have a DUI after the appropriate waiting period can be challenging. You may need to undergo a substance abuse evaluation. Employers may not want to hire you. Every carrier has its own standards. You may have difficulty obtaining liability insurance.

Protecting your CDL

Commercial drivers should contact our experienced Sevierville DUI lawyers. We’ve helped countless drivers obtain dismissals or acquittals of DUI charges. At Delius & McKenzie, PLLC, we fight to show the police did not have proper grounds to stop you, that breath tests are invalid, and assert all defenses that apply to your case. The government’s DUI case may not be as strong as you think.

Delius & McKenzie, PLLC has helped many defendants successfully fight DUI charges. Our DUI lawyers represent CDL drivers in Sevierville, Seymour, Gatlinburg, and Pigeon Forge. To fight to protect your CDL, call us or fill out our contact form to schedule a consultation.