When it comes to driving under the influence, the rules for Alcohol-related DUI’s and marijuana DUI’s are far more stringent for drivers with Commercial Driver’s Licenses (CDL) than drivers using a standard license.The legal blood alcohol limit established for drivers over 21 is 0.08. With a CDL, that legal limit is slashed in half to 0.04. The stricter guidelines are the result of several variables including the massive size/weight of most commercial vehicles as well as the presence of hazardous materials.The marijuana DUI laws are also less lenient. Any CDL driver found with even the smallest trace of THC in his/her system are looking at an automatic DUI charge.Find out more about CDL DUI law by watching the video above. Be sure to check out my older blog posts for informative videos about marijuana DUI law, and Busting the Legal Limit Myth.
In Florida, the DUI (driving under the influence of alcohol or drugs) laws come with minimum mandatory penalties for a conviction. These penalties increase for each successive DUI a person gets. One benefit of a criminal defense lawyer getting the state to amend a DUI charge to a reckless driving charge is the reckless driving charge does not count as a DUI conviction that increases the minimum penalties if the person gets one or more additional DUI convictions.
One of the minimum penalties that comes with a DUI conviction is a suspension of the person’s driver’s license. The suspension can be as short as six months for a first DUI conviction or as long as ten years for a third DUI conviction that is within ten years of the prior conviction. The DMV does allow people to get hardship licenses which permit people to drive to work, school and other necessities, but there may be a period of time before a person can apply for a hardship license depending on the case.
If a person gets a fourth DUI conviction in Florida, that person’s driving privileges will likely be revoked forever. That is mandated by statute in Florida. However, not all convictions count. In a recent DUI case from Jacksonville, Florida, the DMV attempted to permanently revoke a person’s driving privileges based on four prior DUI convictions. However, it was noted that one of prior DUI convictions was a violation of a city ordinance, rather than a Florida state statute. The criminal defense attorney appealed the permanent suspension. The court agreed and held that a DUI conviction that is a violation of a city or municipal ordinance does not count as one of the four prior DUI’s that can result in a permanent driver’s license suspension. The prior convictions must be violations of state DUI laws. The conviction at issue was an old DUI conviction that related to an old city ordinance. However, the DMV can go back as far as they want to count prior DUI convictions. If a conviction is 40 years old, it can count, as long as it is a state DUI violation.
Additionally, the DMV in Florida can permanently revoke a person’s driver’s license if one or all of the prior DUI convictions are from other states. The state in which the prior DUI conviction(s) occurred is not relevant. However, if the DMV is using a prior DUI conviction from another state, it is worth looking into to make sure it is not a city ordinance type of violation. In fact, all of the prior DUI convictions should be reviewed to make sure they legally count as prior DUI convictions that can result in a lengthy driver’s license suspension, or, in the case of a fourth or more DUI conviction, a permanent license suspension.
I have 1 DUI in Ca. in 197 3 in Il. 93 95 2007. In Il. I must do treatment and show proof being of being sober for 3 years.Can I get a permit or reinstatement in Colorado if I have a hold in Il. I am moving there soon. can you help what do I need to do. thanks
We can help you.
ALBANY — The state’s top court has upheld a policy implemented by Gov. Andrew Cuomo’s administration that allows the state Department of Motor Vehicles to permanently revoke driving privileges for repeat drunk drivers.
In a 5-0 decision, the state Court of Appeals upheld Cuomo administration rules, put in place in 2012, that take steps going beyond state law governing relicensing procedures for drivers with multiple DWI convictions.
Under state Vehicle and Traffic Law, a driver’s license can be revoked if he or she has three drunk-driving convictions in the span of four years, or four convictions in eight years.
The administration added new rules permanently revoking the license of those convicted of five or more alcohol- or drug-related driving offenses in his or her lifetime, or three or more convictions plus at least one other serious driving offense (such as a fatal accident) in the past 25 years.
Under the regulations, those with three or four convictions or incidents within 25 years would have their license applications denied for five years beyond the statutory revocation period. Should a new license be issued, the driver’s license would be restricted, limiting him or her to travel to and from, for example, work and medical appointments. The driver would also be required to use an ignition interlock device.
Remember what freedom and control used to feel like? You can have that again and move on with your life. Go to http://colorado-dui.com/
I received a permanent revocation in NYS for previous dwi convictions. I upheld my end of the sentence and now NY has new regulations in place that won’t approve me for relicenceing. I have heard Colorado will issue me a license if I relocate. Is this true?
Yes, there is a path to a Colorado license.
Yes, the reinstatement process is the same and may require an interlock for any type of DUI, not just alcohol.
Yes, you can get a Colorado license despite the seriousness of your DUI charge in another state, including reckless manslaughter.
No, you should not. Your BAC was only .043. The officer is only allowed to start the revocation process at .08.
We require half of our fee up front at $600 and the balance of $600 10 days before the DMV appointment.