I Have A Commercial Driver’s License. How Would A DUI Affect Me?
A DUI arrest would definitely affect your ability to operate a commercial vehicle. The penalties for operators of commercial vehicles are stricter than they are for the average public, for obvious reasons. If convicted of Driving Under the Influence, First Offense, your commercial driver’s license (CDL) will be suspended for one year. After a second conviction, which could occur anytime in your life, your CDL is lost forever. Furthermore, you are not eligible to obtain a restricted commercial driver’s license under any circumstance.
Why Would A Refusal Be Alleged If I Actually Took The Breathalyzer Test?
If the officers are not able to get a clear reading, either because the suspect doesn’t understand the directions or isn’t performing the test properly, they may consider it refusing.
Can I Ever Rescind My Refusal Or Change My Mind?
Yes. You have the right to change your mind at any time. If you tell the police that you consent to test, you have the right to revoke that consent.
The Police Officer Took My License When I Was Arrested And Charged With A DUI. Can I Still Drive?
The police officer who arrests you should not take your license. Instead, the arrest starts the clock running on how and when you can assert your defenses. A suspension of your license automatically begins within 10 days of your arrest If your license was taken, you need to find out if you have a valid driver’s license. If your driver’s license is suspended or revoked, then you should not operate a motor vehicle.
If I Missed The Filing Date For My Admin Hearing, Is There Anything I Can Do At This Point?
A suspension of your license automatically begins 10 days after your arrest. You have ten business days to request an administrative hearing to contest the automatic license suspension. If you don’t request a hearing, then your license is suspended until the charges are dismissed or there is an acquittal.
Even if the DUI charges are dismissed, you can lose your license because you refused a valid chemical test request. The time limit to contest a license suspension for refusing a chemical test is different than it is for the DUI charge. Defendants normally have 20 days from the date they are sent a notice of suspension to contest the license suspension based on a refusal. If the contest is not filed in time, your license is automatically suspended.
After A License Suspension For A DUI, Will My Driver’s License Be Reinstated Automatically?
No. Your driver’s license will not be automatically reinstated. If you are convicted of a DUI offense in Tennessee, you will have your driver’s license revoked for a period of time, depending upon the facts of the case and the number of prior DUI convictions. Once your revocation period is complete you will need to apply for a new license and pay the standard license fee. In addition, you will also be required to pay a reinstatement fee.
For more information on CDL DUI Issues In The State Of Tennessee, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (615) 864-6527 today.
Call For A Free Consultation