What impact will a Massachusetts OUI charge have on my CDL License?
If you have a CDL or commercial driver’s license, a Massachusetts OUI/DUI charge will have a major impact on your CDL license. If you are convicted of DUI in Massachusetts or if you refused a breathalyzer test, you will face a suspension of your CDL license.
These license consequences occur regardless of whether the DUI offense occurred in a commercial CDL vehicle.Consequences of a First Offense OUI Charge on a CDL License
Any of the following offenses will result in a one-year loss of your CDL license:
- Refusing to submit to a breathalyzer test
- Conviction for OUI/DUI
- Operating under CDL vehicle with a blood alcohol content of over .04.
- Leaving the scene of an accident while operating your CDL vehicle
- Causing a death through negligent operation of your CDL vehicle
These penalties for Massachusetts OUI offenses and motor vehicle offenses are set forth in Massachusetts General Laws Chapter 90F Section 9. Massachusetts law relating to commercial driver’s license is based on federal law, which established minimum standards that State have to meet before issuing a commercial driving license. Accordingly, any out of State DUI conviction will have the same impact on your CDL license as if the offense happened in Massachusetts.Consequences of a Second Offense OUI Charge on a CDL License
If you have a second offense Massachusetts OUI charge, or if you have been convicted of OUI and refuse a breathalyzer test after having a prior OUI conviction, you will face a lifetime suspension of your CDL license. Any two of the listed offense will result in a lifetime loss of your CDL license in Massachusetts.Consequences of Traffic Violations on a CDL License
A CDL license in Massachusetts can also be suspended for a Serious Traffic Violation, which are sometimes additional charges that accompany and OUI/DUI charge. A Massachusetts CDL license will be suspended for at least 60 days if you are convicted of two or more serious traffic violations while operating a CDL vehicle, arising from distinct incidents within a three-year period.
Serious Traffic violations consist of the following:
- Excessive Speed, which is defined as 15 mph above the posted speed limit.
- Operating to Endanger
- Reckless Driving
- Improper or Erratic traffic lane change
- Following a vehicle too close
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For more information on your OUI Charge:
Winning an OUI charge is critical to saving your CDL license, so call Attorney DelSignore directly at 781-686-5924 to schedule your free no-obligation consultation to discuss defenses to your case or to hear more cases that involved a CDL License.