If you’re reading this, you may be facing one of the most stressful situations of your life. You’ve recently been arrested for a DUI in South Carolina, and now you’re wondering how this will affect your ability to drive commercially. Whether you’re a truck driver, delivery driver, or work in any other capacity requiring a commercial driver’s license, this is an important question. You may be feeling confused and overwhelmed, and that’s completely understandable. At The Bateman Law Firm, we’re here to guide you through this difficult time and help you understand your options for moving forward. This guide will explain the potential consequences and give you a clearer picture of what to expect.
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What Happens When You Get a DUI in South Carolina?
In South Carolina, driving under the influence of alcohol or drugs is taken very seriously. The penalties for a DUI conviction can include fines, license suspension, and even jail time. For individuals with a regular driver’s license, the consequences are typically severe, but they can be even more complicated for those with a commercial driver’s license (CDL). A DUI conviction can have a lasting impact on your ability to maintain or regain your commercial driving privileges.
Commercial Driver’s License (CDL) Rules and DUI Consequences
When it comes to commercial drivers, South Carolina enforces stricter rules than for non-commercial drivers. Even if you are arrested for a DUI while off-duty and in your personal vehicle, the penalties can be more severe if you hold a CDL. If your blood alcohol concentration (BAC) is 0.04 percent or higher while operating a commercial vehicle, you can be charged with a DUI. This limit is much lower than the BAC limit for personal drivers, which is 0.08 percent.
In addition, a DUI conviction while driving a commercial vehicle can lead to serious consequences, such as the suspension or revocation of your CDL. For a first offense, your CDL may be suspended for one year. If you’re caught driving with a suspended license or a second DUI offense occurs, the suspension could last for a much longer period, or you could lose your CDL permanently.
What Happens if You Get a DUI in Your Personal Vehicle While Holding a CDL?
If you hold a CDL and are arrested for a DUI in your personal vehicle, you may assume the consequences won’t be as serious as if you were driving a commercial vehicle at the time. Unfortunately, this is not the case. South Carolina has a zero-tolerance policy for commercial drivers, meaning your personal vehicle DUI can still result in the suspension or revocation of your CDL.
For a first offense, you could face a one-year suspension of your commercial driving privileges. A second DUI conviction could result in a permanent revocation of your CDL. Even if your personal vehicle DUI occurs far from your work, you could find yourself unable to work in your chosen profession for months or even years.
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge." "John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area." "Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer.""He has an innate ability to convey to clients what really matters in their cases."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
C. Grubbs
The Impact of a DUI Conviction on Your Livelihood
For many commercial drivers, their CDL is the key to their livelihood. Losing your license could mean losing your job, your income, and your ability to support your family. This is especially concerning in South Carolina, where many individuals depend on driving jobs for their day-to-day survival.
If you hold a CDL and are facing a DUI charge, you may be wondering what steps you can take to protect your career and your future. While the penalties are severe, there may still be opportunities to mitigate the damage. Hiring an experienced attorney is the first step in exploring all possible options for minimizing the consequences of a DUI conviction.
Can You Get Your CDL Back After a DUI in South Carolina?
In some cases, it may be possible to regain your CDL after a DUI conviction. However, this is not automatic and will depend on several factors. If your CDL was temporarily suspended for a first offense, you may be able to reinstate it after the suspension period is over. To do this, you will typically need to comply with any required conditions, such as paying fines, attending DUI education classes, and providing proof of sobriety.
If your CDL has been permanently revoked due to a second DUI conviction or another serious offense, getting your commercial driving privileges back will be much more difficult. You may be required to wait for a significant amount of time before applying for reinstatement, and you may need to show that you have taken steps to address any underlying issues, such as attending treatment for alcohol or drug addiction.
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How Can an Attorney Help You in a DUI Case?
Facing a DUI charge while holding a CDL is not a battle you should fight alone. The legal system can be complicated and confusing, and a single mistake could cost you your job and future prospects. An experienced attorney can help you navigate the legal process, ensure your rights are protected, and work toward the best possible outcome for your case.
At The Bateman Law Firm, we understand the emotional toll a DUI charge can take on your life. Our team is committed to working with you to find the best strategy for your specific case. We will thoroughly review the evidence, challenge any errors in your arrest or testing process, and fight for your rights every step of the way. Whether you’re facing a first offense or have previous convictions, we can help you understand your options and take steps to minimize the damage.
What to Do Next
If you’re facing a DUI charge in South Carolina and are concerned about how it will affect your commercial driving privileges, it’s crucial to act quickly. Your CDL and career are on the line, and the sooner you take action, the better your chances of minimizing the impact. Don’t wait until it’s too late to get the help you need.
At The Bateman Law Firm, we’re here to support you through every stage of your case. Our experienced team is ready to fight for you, offering personalized legal representation that focuses on achieving the best result possible. If you need an attorney who understands what you’re going through and can provide you with the guidance you need, we’re here to help. Contact us today to schedule a consultation, and let us help you get back on the road.