If you drive for a living, you already know how much responsibility comes with holding a Commercial Driver’s License. One DUI charge can put your career, your income, and your future at risk. South Carolina law holds CDL drivers to stricter rules than other motorists, and the consequences go beyond fines or points on your license. At Joe Good Attorneys at Law, we’re here to help you understand what these charges mean and how they can affect your life.
What Makes a CDL DUI Different From a Regular DUI?
A CDL DUI is treated more seriously than a standard DUI because of the unique responsibilities that come with holding a commercial license. Commercial drivers often operate massive trucks, buses full of passengers, or vehicles carrying hazardous materials. In these situations, even the slightest impairment can put countless lives at risk. That’s why South Carolina enforces stricter rules for CDL holders, as you are expected to remain in complete control of your vehicle at all times.
And the law doesn’t draw a line between professional and personal driving. Even if you’re in your own car when arrested, a DUI conviction can still threaten your CDL and the career you’ve worked hard to build.
CDL DUI Legal Limits in South Carolina
The legal blood alcohol concentration (BAC) limit for CDL drivers in South Carolina is 0.04%, which is half the limit for non-commercial drivers (0.08%). That means you could face charges at levels where other drivers wouldn’t. And if convicted, you could lose your CDL, deal with higher insurance rates, and find it harder to keep or secure driving jobs.
Common Scenarios Leading to CDL DUI Arrests
- Traffic Stops: A routine stop for speeding or a broken taillight that turns into a DUI investigation.
- Accidents: Even minor collisions can result in testing and DUI charges.
- Checkpoints or Weigh Stations: Officers may run sobriety checks when something seems off.
- Off-Duty Driving: A DUI in your personal car can still affect your CDL.
Consequences of a CDL DUI in Mt Pleasant
A CDL DUI can create problems that reach far beyond the courtroom. For commercial drivers, it’s not just about fines or paperwork, it’s about your career and your future. Here’s what you could be dealing with:
- Losing Your CDL and Job Opportunities: Even a first conviction can take you off the road. Without your CDL, keeping your current job or finding new work in the industry becomes difficult.
- Criminal Penalties: Fines, probation, mandatory classes, or even jail time may come with a conviction, adding more stress to an already serious situation.
- Limits on Personal Driving: Your regular driver’s license can also be affected, making it harder to handle day-to-day responsibilities.
- Career Roadblocks: Many companies won’t hire drivers with a DUI on their record, which can limit your long-term opportunities in transportation.
- Higher Insurance Costs: Insurance providers often raise premiums after a DUI, and in some cases, coverage may be denied altogether.
- Personal and Professional Reputation: Beyond the legal and financial issues, a CDL DUI can damage your reputation and create lasting pressure for you and your family.
Can You Lose Your CDL for a DUI in South Carolina?
In South Carolina, a DUI conviction doesn’t just put points on your record, it can take you off the road entirely. For CDL holders, losing the ability to drive means losing the very license that allows you to work and provide for your family.
That’s why the state applies strict rules: a CDL disqualification is often mandatory after a DUI, even if the offense happened while you were driving your personal vehicle. The consequences also grow more severe with repeat offenses or certain circumstances, like transporting hazardous materials. What might be a one-year disqualification for a first offense can quickly turn into three years, or even a lifetime ban, depending on the details of your case.
First Offense CDL DUI Penalties
- CDL disqualification: At least one year under South Carolina law.
- Extended disqualification (HazMat): If you were transporting hazardous materials at the time, the disqualification period increases to three years.
- State DUI penalties: For a first DUI (non-CDL), South Carolina may impose:
• License suspension of six months
• Fines starting around $400 (plus assessments)
• Jail time from 48 hours up to 30 days
Second or Repeat Offense CDL DUI Penalties
- Lifetime CDL disqualification (or “permanent” unless reduced): Two or more qualifying DUI offenses typically result in a lifetime ban from holding a CDL.
- State DUI penalties (second offense):
• License suspension: one year
• Fines: $2,100 to $5,100 (plus assessments)
• Jail time: 5 days to 1 year
• Requirement to install an Ignition Interlock Device (IID) during the suspension period.
CDL Disqualification Periods Explained
- First offense (standard): Disqualification from operating a commercial motor vehicle for at least one year
- First offense with hazardous materials involved: Disqualification for at least three years
- Second (or more) offense: Lifetime disqualification unless conditions for reduction are met under specific regulations
Defense Strategies for CDL DUI Charges
Every CDL DUI case is different, but a strong defense isn’t just about fighting the charges; it’s about protecting your CDL, and the future you’ve worked hard to build.
Common strategies include:
- Challenging the Traffic Stop: Questioning whether law enforcement had a valid reason to pull you over in the first place.
- Reviewing Field Sobriety Tests: Examining whether the tests were conducted properly or if outside factors (fatigue, medical conditions, poor lighting, or road conditions) affected the results.
- Questioning Chemical Test Accuracy: Looking at whether breath, blood, or urine tests were correctly administered, calibrated, and maintained.
- Examining Officer Procedures: Ensuring the arrest followed proper legal protocols; mistakes by officers can weaken the prosecution’s case.
- Presenting Alternative Explanations: Showing how medications, diet, or health conditions could have influenced BAC results or physical behavior.
- Negotiating for Reduced Penalties: In some cases, seeking lesser charges or reduced consequences to protect your CDL and employment.
Why Work With Our CDL DUI Lawyer
When your career is on the line, you need a lawyer who will fight aggressively to protect your rights and minimize the impact of a DUI charge. At Joe Good Attorneys at Law, we have a proven track record of success in defending CDL holders against DUI charges. We will:
- Thoroughly investigate your case: We will examine every detail of your arrest, including the traffic stop, field sobriety tests, and chemical testing procedures, to identify any potential weaknesses in the prosecution's case.
- Challenge the evidence against you: We will work to suppress any evidence that was obtained illegally or in violation of your constitutional rights.
- Negotiate with the prosecutor: We will advocate for reduced charges or alternative sentencing options that may allow you to keep your CDL.
- Represent you in court: If necessary, we will take your case to trial and fight to prove your innocence.
Contact a Mt. Pleasant CDL DUI Attorney Today
At Joe Good Attorneys at Law, we understand the unique challenges faced by CDL holders charged with a DUI. We're committed to providing aggressive and effective legal representation to protect your rights and your livelihood. If you're facing a CDL DUI charge in South Carolina, don't wait to get the help you need.
Your career is on the line - take action now. Contact us today at (843) 412-1401 for a free consultation and let us fight for your future.
Frequently Asked Questions About CDL DUI in South Carolina
What happens if I refuse a breath test with a CDL?
Refusing a breath test can carry serious consequences for CDL drivers. In South Carolina, a refusal is treated as a violation under the state’s implied consent law, which means your CDL can be disqualified for at least one year, even if you aren’t ultimately convicted of DUI. If it’s not your first refusal, the disqualification period can be longer, and the refusal itself may still be used against you in court.
Can I drive my personal vehicle if my CDL is suspended?
It depends on the circumstances of your case. In many situations, a CDL disqualification affects only your commercial driving privileges, while your regular driver’s license may still allow you to drive a personal vehicle. However, if your DUI leads to a suspension of your standard driver’s license as well, you could lose the ability to drive any vehicle during that time. An experienced CDL DUI lawyer can review your case and explain how your suspension affects both licenses.
How soon should I contact a lawyer after a CDL DUI arrest?
As quickly as possible. The clock starts running right after your arrest, and both criminal and administrative proceedings can move fast. Waiting too long could mean missing important deadlines to challenge your CDL DUI suspension or even protect your CDL. Having a CDL DUI attorney involved early gives you the best chance to preserve your license, build your defense, and limit the long-term impact on your career.
