Commercial Drivers

Commercial drivers & DUI charges

Any case of driving while under the influence involves potentially life-altering consequences. This is especially true for a commercial driver who drives for a living. Due to the large size of their vehicle, as well as the commercial nature of their jobs, commercial drivers are placed under even stricter rules than non-commercial drivers. The Federal Motor Carrier Safety Administration (FMCSA) has rules regarding "prohibited alcohol-related conduct." According to their site, http://www.fmcsa.dot.gov/, it is prohibited to operate a commercial vehicle while drinking alcohol, while having a breath alcohol level (BAC) over 0.04 percent or within four hours of having drunk. Due to their severe stance on alcohol usage, commercial drivers are also subjected to routine and random alcohol testing.

According to the FMCSA, the following are required alcohol tests:

• Post-Accident - Following any type of truck accident where the driver's behavior is considered a contributing factor, the driver will be subjected to alcohol testing. This is determined by whether or not the driver was cited for a moving traffic violation. In cases where the accident resulted in a fatality, however, they will always be tested - no matter whether there was a violation.
• Reasonable Suspicion - In some cases, an accident may not occur but a supervisor or a company official may observe certain behaviors or symptoms which lead them to believe that the driver was operating under the influence. In these cases, the reasonable suspicion is enough to warrant a test.
• Random - Beyond the post-accident and reasonable suspicion tests, all drivers will also be subjected to random testing. This can be done around functions that have safety-sensitive facets. They are unannounced and designed to keep drivers on their toes and safe at all times.
• Return-to-Duty - Should a commercial driver be required to leave work following an alcohol-related incident, they will be subjected to alcohol tests once they return to performing safety-sensitive duties. They will also experience 6 unannounced follow-up tests within the first 12 months of return.

Consequences for Washington commercial drivers

Beyond being removed from safety-sensitive functions, commercial drivers will also face serious criminal penalties as well. This can include driver disqualification, license suspension, fines, and jail time. When you drive for a living, these sanctions can affect your very livelihood!

Ensure that your legal rights are protected. Do not hesitate. Especially if you are being confronted with results of testing. Consult with us at DUI Attorneys of Washington as soon as you possibly can.

Don't rely on less experienced counsel. It will cost you in the long run.