Virginia commercial motorists face more stringent rules regarding operating a commercial vehicle while intoxicated. The potential penalties and consequences for a first-time commercial driver’s license DWI under Section 46.2-341.24 crime include a year in jail, paying fines ranging from $250 to $2,500, and disqualification from operating a commercial vehicle. Commercial DWI cases are also different from standard driving while intoxicated cases and involve penalties and specific regulations that require in-depth legal knowledge. Understanding these complexities can lead to unfavorable results.
For many years, Virginia Criminal Attorney has helped defendants throughout Northern Virginia and Fairfax mitigate the consequences of their charges and pursue the best possible case outcome. We can provide the support and guidance you need to make wise decisions, navigate the legal system, and protect your rights.
Alcohol Legal Limit for Commercial Drivers
Commercial driver’s license DWI under Section 46.2-341.24 states that it is illegal for any individual to operate a commercial vehicle:
- With a blood alcohol concentration (BAC) of at least 0.08%
- While the person has drunk a lot of alcohol and is too intoxicated to an extent, they cannot drive a commercial vehicle safely.
- While a narcotic drug intoxicates the person to an extent, the person cannot drive a commercial vehicle safely.
It is also illegal and a less severe crime under commercial driver’s license DWI under Section 46.2-341.24 when a commercial driver operates a vehicle with a blood alcohol concentration of at least 0.04%. Even drinking a few beers may result in a 0.04% BAC.
Elements of the Crime
Before the judge convicts you of a commercial driver’s license DWI under Section 46.2-341.24, the prosecutor must verify the following elements of the crime:
- You operated or drove
- A commercial vehicle
- While intoxicated
Operated or Drove
It means being in physical control of a car. The prosecutor can use a witness’s testimony or your admission to driving as proof against you.
Commercial Vehicle
A commercial vehicle is any vehicle or a fusion of vehicles that transports property or passengers with any of the following features:
- A total vehicle weight of at least 26,001 pounds
- A total weight of at least 26,001 pounds, including a towed car with a vehicle weight of at least 10,000 pounds
- Carries more than sixteen passengers, alongside the motorist
- A vehicle that transports hazardous material regardless of its size
You were Intoxicated
Being intoxicated means your capability to drive a car safely is impaired; you have drunk a lot of alcohol or taken sufficient drugs to noticeably impact your speech, manner, disposition, general appearance, conduct, and muscular movement.
Unlike DWI under Section 18.2-266 charges, if the police suspect you of a commercial driver’s license DWI under Section 46.2-341.24, you will submit to a preliminary breath test. While the police will not use your test results against you, the result creates a probable cause that you were operating the commercial vehicle while intoxicated.
What is BAC? How Is It Tested?
Blood alcohol concentration measures the amount of alcohol in an individual’s bloodstream. Typically, the number is expressed as a percentage.
Virginia’s BAC limit for commercial drivers is 0.08%. It means that for every 10,000 parts of blood, there are eight parts of alcohol. The alcohol detected by tests is ethanol and ethyl alcohol. These are the main components of alcoholic beverages like spirits, wine, and beer.
Your BAC can vary based on numerous factors, including the following:
- Food and medications
- Enzyme levels and production
- Hormone levels
- Body composition and weight
- Ethnicity and race
- Age
- Sex
- Time since you drank the alcoholic beverage
- Number of standard drinks you have drunk
BAC is measured using blood tests, breath tests, and urine tests. With a breath chemical test, you blow into a breathalyzer, while urine chemical tests involve urinating into a cup. As for a blood test, a qualified professional draws blood to collect a test sample.
If the necessary equipment is available, you are entitled to have your breath analyzed to find out the probable alcohol content in your blood. You also have a right to observe the analysis process and the blood-alcohol reading on the equipment used to conduct the breath test. The Department of Forensic Science should determine the appropriate equipment and method to analyze breath samples and advise police departments on the same. While the prosecution will not use the results of the preliminary breathalyzer test as evidence in court, they can create a probable cause that the defendant was operating a commercial vehicle while intoxicated.
Blood tests offer better results than breath tests. They can also identify specific drugs and their amount in the blood. That said, they can be unreliable when any of the following issues exist:
- Improper blood sample storage or preservation
- Contamination of your sample
- A lot of time has passed between your arrest and the chemical test administration.
- A loophole in your sample’s chain of custody
- An unqualified individual drew the sample
- Improper transportation of your blood sample
- The equipment analyzing your blood sample had issues that made the results unreliable.
Your skilled and knowledgeable defense lawyer can identify whether an unreliable blood test exists in your DWI case. They can also file a motion to suppress the results promptly.
Field Sobriety Tests (FSTs)
Field sobriety tests are standardized tests used by the police to determine if a detained driver is intoxicated with drugs or alcohol. Police officers, when evaluating impairment, use tests that include the following:
- The one-leg stand test — During this test, the police will instruct you to lift one leg six inches above the ground, with your foot pointed out. You must balance on the other leg until the officer instructs you to stop.
- The walk and turn test — When the police officers administer FSTs, they may request the driver to walk in a straight line using a specific technique while counting their steps loudly. Once the driver has taken several steps, the officers will request them to turn and repeat the same walking pattern.
- Horizontal gaze nystagmus test — During this test, the police officer will ask the driver to gaze at a light, pen, or finger as it moves horizontally across the driver’s field of vision. In this test, the officer will note if the driver can properly follow the object’s movement without nystagmus or jerking their eyes.
Common Mistakes Arresting Officers When Administering FSTs
Understanding the pitfalls that police can make when administering FSTs can help you develop a viable legal defense. These mistakes include the following:
- Obscure instructions — Comprehensive and precise instructions are critical for correct FSTs results. If police officers do not offer clear directions, it may result in improper execution of the tests.
- Inappropriate administration of the FSTs — Every field sobriety test has its standardized procedures that investigating officers should follow for reliable readings. A violation of these protocols could jeopardize the test’s integrity.
- Failing to consider environmental factors — The testing environment significantly affects the FSTs reliability. The tests should be performed on a flat surface with enough lighting and few distractions. Common environmental challenges that could impact your FSTs’ results include sloped or uneven surfaces, poor lighting, harsh weather, and noise or heavy traffic. Those factors could negatively impact the test’s reliability, causing even sober suspects to appear intoxicated. Police officers must carefully consider and observe the testing environment to ensure a fair assessment.
- Using unvalidated testing methods — Using or altering nonstandardized field sobriety tests could result in subjective and unreliable outcomes. Your lawyer should review why an investigating officer performed nonstandardized tests.
- Overlooking medical conditions — Field sobriety tests are designed to evaluate cognitive function and physical coordination, but do not account for varying health conditions that may impact reliability. These factors may include disabilities, injuries, neurological disorders, and the side effects of certain medications.
Implied Consent law
The implied consent law under Virginia Code Section 18.2-268.3 states that any driver operating on public roads agrees to comply with breath and blood tests once stopped on suspicion of a DWI.
Nevertheless, the law only expects you to submit blood and breath samples for analysis. Therefore, you are not required to consent to roadside pre-arrest breathalyzer tests or FSTs. Failing to take non-mandatory tests helps safeguard your constitutional rights.
According to the three-hour rule, the police should arrest a driver within three hours of operating the vehicle. It is crucial to clarify that you neither need to be tested within three hours of driving nor the test needs to be conducted within three hours of your arrest. The point is that your arrest should occur within three hours of driving.
The three-hour rule introduces a strategic component to DWI defense. Your attorney can analyze the timing of your arrest and driving to ensure adherence to the statute. If proof suggests that the police arrested you outside this window, your lawyer can challenge the admissibility of your BAC results to the court, potentially weakening the prosecution’s case.
Refusing to submit to a chemical test triggers penalties in addition to your commercial driver’s license DWI under Section 46.2-341.24. These penalties are as follows:
- A first violation is a civil offense that attracts a one-year driver’s license suspension
- A subsequent crime within ten years attracts a three-year driver’s license suspension
Penalties for a First-Time Crime
A driver found guilty of commercial driver’s license DWI under Section 46.2-341.24 can face criminal and administrative penalties. The seriousness of the penalties depends on factors that include the following:
- Level of intoxication
- Whether underage children were on board
- Whether it was your first DWI offense or a second one
- Whether the DWI offense caused an accident
Prosecutors charge a first commercial driver’s license DWI charge as a Class 1 misdemeanor, punishable by the following penalties:
Serving Time
A first-time CDL DWI crime attracts a one-year jail sentence.
Paying Fines
A commercial driver’s license DWI under Section 46.2-341.24 conviction carries fines ranging from $250 to $2,500.
Disqualification from Operating Your Commercial Vehicle
The disqualification can be for a stipulated period, meaning you cannot drive or operate a commercial vehicle. A magistrate, certified law enforcer, administrative official, agency, or court can enforce the restriction.
A first-time conviction attracts a one-year prohibition, mainly if:
- Your crime resulted in an injury or damage, or
- During the apprehension, you did not agree to chemical testing.
The disqualification also applies if you have a DWI conviction in a different state. Disqualification also prevents you from obtaining a restricted driver’s license to operate a commercial vehicle.
If, during your arrest, you were operating a commercial vehicle transporting hazardous cargo while drunk, you can be banned from driving a commercial vehicle for three years.
A subsequent conviction attracts a lifetime ban from driving a commercial vehicle. You cannot also obtain a restricted license. A conviction for at least two of the crimes below could be a contributing factor:
- DWI causing injury or damage while driving a commercial vehicle
- Driving a commercial vehicle with alcohol or drugs in your system
- Using a commercial vehicle to engage in a felony
- DWI that caused damage or injuries while operating your personal vehicle
- Refusing to submit to chemical tests after the police arrested you for a commercial driver’s license DWI under Section 46.2-341.24 offense
- Driving a commercial vehicle while disqualified or prohibited from doing so
- Fleeing a car accident scene after causing a collision while operating your personal car while intoxicated.
- Operating a commercial vehicle while intoxicated, causing an accident and fleeing the accident’s scene.
- Refusing to take a breath or blood test after the police arrested you for operating a personal vehicle while intoxicated.
- Operating a commercial vehicle while breaching an out-of-service directive
- Driving a commercial vehicle while intoxicated with a suspended license
A CDL Suspension
In addition to disqualification to operate a commercial vehicle, another punishment can include suspension of your driver’s license. The suspension duration depends on the number of your previous commercial driver’s license DWI convictions under Section 46.2-341.24 and their severity. A first-time offense carries a one-year license suspension.
Penalties for Subsequent Driving a Commercial Vehicle While Intoxicated under Section 46.2-341.28
If you are found guilty of a second CDL DWI within less than five years after your first crime, you will face a compulsory minimum fine of $500 and a jail sentence that ranges from 20 days to one year.
If you are found guilty of a second CDL DWI within less than ten years after your first crime, you should face a compulsory minimum fine of $500 and a ten-day minimum jail sentence.
If the court convicts you of a third-time CDL DWI within ten years, you will face a Class 6 felony punishable by a mandatory minimum sentence of ninety days and a $1,000 fine. However, if the crime is within five years, you will spend at least six months in jail and pay a fine of $1,000.
A fourth CDL DWI within ten years carries a one-year imprisonment and a fine of $1,000.
If you are convicted of violating a commercial driver’s license DWI under Section 46.2-341.24 with a minor passenger, you face the following potential consequences:
- A compulsory minimum incarceration of five days
- A fine that ranges from $500 to $1,000
Compulsory minimum punishments imposed are cumulative, while defendants should serve minimum confinement terms consecutively.
Legal Defenses
Some of the legal strategies you and your defense lawyer can use to fight the criminal charges include the following:
Lack of Probable Cause or Reasonable Suspicion
Before any traffic stop can escalate into your arrest, the police officer should have probable cause to deem a breach occurred. Nevertheless, the court could dismiss any subsequent proof if the traffic stop was unlawful, involving random inspections without any valid suspicion.
Courts thoroughly scrutinize traffic stops with weak observations, prejudicial assumptions, or faulty motor vehicle records. Under these circumstances, a criminal lawyer could contest that the process breached your legal protections under the Fourth Amendment to the U.S. Constitution, resulting in a possible case dismissal.
Constitutional Breaches at the Time of Arrest
Sometimes, the court can nullify an arrest if police violated your constitutional rights. For example, police must read Miranda rights before performing custodial interrogation. The court could consider any self-incriminating statements inadmissible if police gathered them because they did not issue appropriate warnings.
Before pulling you over, the police should have reasonable suspicion (probable cause) that you violated the law. Before any search, the officer should have consent or probable cause that you are driving a commercial vehicle while intoxicated. If the police obtain any evidence while violating your right against illegal stop or illegal search and seizure, they cannot use it against you in criminal proceedings.
Unreliable Testing Processes
Police officers mostly rely on chemical tests like breath and blood analysis to ascertain intoxication. The law has regulations for different chemical tests, but inconsistencies can arise due to improper sample handling, improper storage of blood samples, wrong breathalyzer calibration, or device malfunction.
Your defense lawyer can take a proactive approach to challenge the incorrect BAC test results by taking the following steps:
- Reviewing the arrest and testing procedure — They will carefully analyze the police report, identifying procedural mistakes during your arrest and chemical testing.
- Acquiring maintenance and calibration records
- Consulting experts if your case involves timing issues or a health condition to understand how these factors might have affected your BAC results.
- Your lawyer can file a motion to suppress the BAC results from being used as evidence against you once they identify any issue that undermines the reliability of the chemical test.
Questionable Witnesses or Arresting Officer’s Observations
Traffic stops mostly rely on a police officer’s subjective judgment of a driver’s conduct. If lighting, weather, or roadside hazards impacted perception, the arresting officer’s testimony could be less convincing. Contesting proof quality, whether the arresting officer’s recollection or the absence of reliable video, could be a viable defense. Your defense lawyer could present a bodycam or dashcam with contradicting formal statements or witnesses with varying accounts of what transpired.
Health Issues or Medications
Medical conditions and some medications could sway the FST’s results. Individuals suffering from vertigo or neurological problems may experience challenges performing the walk and turn and one-leg stand tests. Certain cough syrups and inhalers contain ingredients that can show up on a suspect’s breath tests, causing a wrong BAC reading. Pointing out these issues could undermine the accuracy of the prosecution team’s proof. Where applicable, medical history documentation can persuade the judge or jury to dismiss the investigating officer’s findings.
Reinstating Your CDL
The reinstatement of a CDL may vary based on the circumstances of your case.
If your driving rights were revoked or suspended, the Department of Motor Vehicles will send you an email or letter outlining what you should do to restore your privileges.
If the DMV letter got lost or you never received it, you could ask for a compliance summary and a driver’s transcript. The two documents contain your reinstatement criteria.
When seeking to restore your driving rights, you should provide relevant authorities with your compliance summary and driver’s transcript.
However, the compliance summary is not a formal transcript of your driving record. Instead, it is a summary of requirements made to aid in compliance with orders of suspension, revocation, cancellation, or disqualification as of the date issued.
Some of the reinstatement requirements to fulfill online include the following:
- Providing the DMV with motor vehicle insurance policy details
- Completing a driver’s improvement clinic
- Enrolling and completing an intervention interview with the Virginia Alcohol Safety Action Program
- Paying DMV with reinstatement charges based on the nature of your revocation or suspension
- Provide the DMV with your medical review report from a certified nurse, physician, or their assistant
When appearing in person at the DMV, you should meet the following requirements:
- Present evidence of identification and residency
- Undertake applicable road skills and knowledge tests
- Present a court order permitting restricted driving privileges
Contact a Criminal Defense Lawyer Near Me
If you have been charged with commercial driver’s license DWI under Section 46.2-341.24, it is crucial to understand your constitutional rights and the potential penalties you are likely to face. A conviction can lead to incarceration, commercial driver’s license suspension, and fines. The skilled Northern Virginia and Fairfax-based legal team at Virginia Criminal Attorney understands the importance of fighting the criminal charge when your future and freedom are on the line. We can collect and analyze your case evidence to develop a strong defense strategy. Please contact us at 703-718-5533 to schedule a free case evaluation and learn more about us and how we can help you.
