Commercial drivers are held to a higher standard compared to non-commercial drivers. This involves difficult tests just to obtain a license, as well as more restrictions and harsher penalties when committing automobile related crime, such as driving under the influence or Commercial Driver DUI . If you are accused of this, please contact a drunk driving lawyer in Las Vegas at once.
Definition
A commercial driver is required to drive commercial vehicles. Non-commercial drivers in Nevada can become commercial drivers by obtaining a CDL or Commercial Driver License through the DMV. The following requirements also have to be met before they can be issued a CDL:
- Must be at least 21 years old to be issued a CDL to operate a commercial motor vehicle in interstate commerce, and to receive endorsements for passengers or hazardous materials.
- Must be at least 25 to receive endorsement for vehicle combinations over 70 feet in length.
- There are some exceptions however; applicants from age 18 to 20 can receive a CDL, but with Restriction R (no passengers or hazmat) and Restriction 2 (intrastate commerce only).
- They must also be residents of Nevada.
A commercial motor vehicle is defined as “a vehicle used in commerce to transport passengers or property”. It also has to be:
- Has a gross combination weight rating of 26,001 pounds or more inclusive of a towed unit(s) with a gross vehicle weight rating of more than 10,000 pounds; or
- Has a gross vehicle weight rating of 26,001 pounds or more; or
- Is designed to transport 16 or more passengers, including the driver; or
- Is of any size and is used in the transportation of hazardous materials that require placarding.
Penalties
Commercial drivers can be arrested with a BAC of 0.04%, half of the limit imposed on regular drivers (0.08%).
The first commercial DUI offense is a misdemeanor, and will cause the driver’s commercial license to be suspended for a year, but it can be extended to three years if the driver was transporting hazardous materials. They can face two days to six months in jail (or 48 to 96 hours of community service), $400 to $1,000 in fines, and DUI school. Their non-commercial driver license will also be suspended as well.
For the second offense (within seven years of the first offense), it could result in the permanent revocation of the CDL. The penalties carry ten days to six months in jail, fines ranging from $750 to $1,000, DUI school, and a license suspension of one year for their non-commercial driver’s license.
The third offense is a category B felony, and will result in one to six years in prison, be fined for $2,000 to $5,000, and receive non-commercial driver’s license suspension for three years.
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