Mississippi Criminal and Family Law BlogFor those who hold a commercial driver’s license (CDL) and drive for a living, DUIs are handled differently in Mississippi. In contrast to a normal citizen, a commercial driver of a heavy truck can expect much harsher consequences when charged with a DUI. These charges become even more serious when the driver’s CDL is actually fraudulent. If you are caught driving under the influence with a fake CDL, it is important to seek help from a qualified legal expert who can explain your options in detail.
DUI Charges for Drivers With a CDL
If you have been charged with a DUI and you have a CDL, your future career is on the line. The first thing you need to know is that a completely different set of rules applies to you.
- Unlike normal drivers, you are only allowed to have a blood-alcohol level of 0.04% when driving. This is half the legal limit of someone with a normal driver’s license.
- If you are convicted, your CDL license will be suspended for one year.
- If it is your second conviction your CDL license will be suspended for life.
In addition, you still have to deal with all of the regular consequences that normal drivers face for DUIs:
- First DUI Offense (Misdemeanor): A fine between $250 and $1000, up to 48 hours in jail, license suspension between 90 days and one year, and 10 hours of driver’s education.
- Second DUI Offense (Misdemeanor): A fine between $600 and $1,500, between five days and one year in jail, license suspension for two years, six months of ignition interlock, drug/alcohol abuse treatment, and additional insurance.
- Third DUI Offense (Misdemeanor): A fine between $2,000 and $5,000, one to five years in jail, license suspension for five years, six months of ignition interlock, drug/alcohol abuse treatment, and additional car insurance.
Remember, you classify as a commercial driver even if you are charged with a DUI while driving your personal vehicle. That means that as long as you legally hold a CDL, you will be held to a higher set of standards whenever you drive, especially in regards to DUIs.
That being said, the consequences of a DUI are often much more serious when you are on the road with your commercial vehicle. These vehicles are capable of causing much more damage than smaller passenger vehicles. In addition, you may be transporting hazardous goods. Both of these factors are taken into account by the court, and they can lead to more serious penalties, such as a three-year suspension of your CDL for a first DUI offense.
Finally, it is important to understand that if you have been charged with a DUI and possession/use of a fraudulent CDL, you cannot pursue non-adjudication or any other alternative. If you attempt to do this, you are committing a federal crime called “shading.”
What Happens If I Was Driving With a Fake CDL?
Fake CDLs are on the rise in Mississippi, and many people have been found guilty of distributing these fraudulent licenses.
Driving with a fraudulent CDL at the time of your DUI offense creates an additional layer of issues. According to Mississippi law, the penalties for driving with a fraudulent license are as follows:
- First Offense (Misdemeanor): Fine of up to $500 and jail time of up to 30 days.
- Subsequent Offenses (Misdemeanor): Fine of up to $5,000 and jail time of up to one year.
In addition, it may be impossible for you to obtain a real CDL in the future after being charged with this offense.
Fake CDL DUI Charges Can Be Overcome – Ask Us How
Despite the serious consequences you face for being charged with DUI while driving with a fake CDL, a qualified attorney can help you move forward. There are many potential defenses for these charges. Perhaps you were not aware that your CDL was fake. Maybe you ingested some form of mind-altering substance without your knowledge. If you want to explore your options with an attorney who has experience in these matters, reach out to our Mississippi Lawyers today.