CDL DUI

CDL DUI Arrest in South Carolina: How to Protect Your Rights

If you hold a commercial driver’s license in South Carolina and you’ve been arrested for driving under the influence, the consequences can feel overwhelming. A DUI arrest is hard enough for any driver. But for someone who drives for a living, it can put your job, your income, and your future at risk. Whether it happened behind the wheel of your big rig or your personal vehicle, the law treats it seriously. And so should you.

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 CDL holders are held to a much higher standard. That means even a small amount of alcohol in your system can lead to an arrest. While regular drivers are considered over the limit at a blood alcohol content of 0.08%, the limit for CDL drivers is just 0.04% when operating a commercial vehicle. Even off-duty, a DUI can lead to a disqualification. So if you’re thinking this will blow over on its own, it won’t. But there are steps you can take today to protect yourself and your rights.

Understanding the Rules for CDL Holders

Your commercial license isn’t just a license. It’s your livelihood. And South Carolina law makes no distinction between a DUI in your personal car or your work truck. If you’re arrested for DUI, you’re looking at an automatic one-year disqualification of your CDL for a first offense. And that’s before a court even convicts you. Worse yet, refusing a breath or blood test can also result in that same one-year suspension, even if you never set foot in a courtroom. The law assumes guilt for those who refuse. And if you were hauling hazardous materials at the time of arrest, that suspension could stretch to three years. A second DUI conviction? That can mean a lifetime ban. The key point to understand is this: the stakes are higher for you. And you only get one shot to respond the right way.

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How a DUI Affects Your Job

Even before a court decision, your employer may act. Many companies have strict policies. If you’re arrested, you may be pulled from duty. If you’re convicted or your CDL is suspended, you may be out of work entirely. And even if you try to get another job, many trucking companies won’t hire a driver with a DUI on record. Insurance rates go up. Trust goes down. All that training, all that hard work—it’s now at risk. That’s why you can’t wait and hope this works out. You have to be proactive.

Steps You Can Take to Fight Back

First, don’t talk to police or investigators without a lawyer present. Anything you say can—and often will—be used against you. It’s not just a warning from a TV show. It’s real. Second, act fast. In South Carolina, you only have 30 days from your arrest to request a hearing to fight a license suspension. Miss that window, and your CDL is suspended automatically. Third, get a lawyer who understands both DUI law and how it affects CDL holders. The strategies that work in regular DUI cases may not be enough for you. Your lawyer should be able to look at the traffic stop, the breath test, the officer’s conduct, and every detail in between. If your rights were violated, they should fight to have the charges reduced—or thrown out altogether.

"He has an innate ability to convey to clients what really matters in their cases."

"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."

M. Brock

"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"

"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."

P. Hammond

"He cares for each of his clients and works extremely hard to achieve results."

"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."

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Your Rights Still Matter

Being a commercial driver doesn’t mean you lose your rights. You still have the right to challenge the stop. You still have the right to question the breathalyzer. You still have the right to fight for your future. And even if a mistake was made, that doesn’t mean your career has to end. Every case is different. Some DUI cases have legal holes. Others come down to technical errors. And in many cases, there’s room to negotiate or challenge the evidence. What matters most is how you respond—and how quickly.

What’s at Risk If You Do Nothing

This isn’t just about points on your license or fines. It’s about your income, your family, and your career. A DUI conviction can mean losing your CDL. Losing your CDL can mean losing your job. And losing your job can mean a long road trying to rebuild a record most employers won’t look past. But it doesn’t have to go that way.

What to Expect After a CDL DUI Arrest in South Carolina

Once you’re arrested, the clock starts ticking. South Carolina’s Department of Motor Vehicles and the court system both begin their own processes. The DMV will move quickly to suspend your driving privileges, even before your court date. You only have 30 days to request a hearing to stop or delay that suspension. If you miss this, your CDL is disqualified automatically. That can happen even if you’re later found not guilty in court.

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 You’ll also face criminal charges. That means court dates, possible fines, and the threat of jail time. If your BAC was above 0.15%, or if you refused a test, the penalties are even steeper. A conviction will go on both your criminal and driving record. And while a regular driver might get a provisional license, CDL drivers don’t get that option. If your CDL is gone, it’s gone. But here’s what many drivers don’t know—you have the right to challenge both the suspension and the criminal charges. And in many cases, you should. The officer may have made a mistake. The breathalyzer could have malfunctioned. There could be gaps in the state’s case. You’re not guilty just because you were arrested. There’s still a fight to be had, and that fight can make all the difference.

Don’t Let Fear Decide Your Future

It’s normal to feel afraid. Many drivers panic after a DUI arrest, thinking there’s nothing they can do. Some just give up, plead guilty, and hope for the best. But pleading guilty without a fight can make things worse. It locks in the penalties. It makes it harder to ever drive commercially again. And it tells employers that you didn’t push back. The better move is to get clear on your options. A strong legal defense can lead to dropped charges, reduced penalties, or even a chance to keep your CDL. But you won’t know what’s possible unless you talk to someone who knows the system.

Here’s What You Can Do Right Now

If you’ve been arrested for DUI and hold a CDL, now is the time to act. Don’t wait. Don’t guess. And don’t go it alone. You’ve got questions. You need real answers from someone who knows the law and understands what’s on the line. At The Bateman Law Firm, we’ve helped drivers just like you get through this. We’ll sit down, hear your story, and lay out a clear plan. We’ll explain your rights, your options, and your best steps moving forward. And we’ll fight to protect your future—because you deserve more than one mistake taking it all away. Call The Bateman Law Firm today. Let’s get to work protecting your license, your record, and your job.

To learn more about this subject click here: Understanding Rehabilitation Programs for CDL DUI Cases