Commercial Driver DUI

A Commercial Driver DUI in Virginia (Va. Code §46.2-341.24) is charged when a person driving or operating any commercial motor vehicle is driving under the influence of alcohol or drugs.  A Commercial Driver DUI in Virginia can be committed in one of 3 ways:

  • commercial driver DUI in Virginiadriving or operating a commercial motor vehicle under the influence of alcohol or drugs (Va. Code §46.2-341.24(A))
  • driving or operating a commercial motor vehicle with a BAC of .04% or higher (Va. Code §46.2-341.24(B)), or
  • driving a commercial motor vehicle with any alcohol in the driver’s system  (Va. Code §46.2-341.31)

Commercial Driver DUI in Virginia (Va. Code §46.2-341.24)

Proof of a Commercial Driver DUI in Virginia

To convict an offender of a Commercial Driver DUI in Virginia under Va. Code §46.2-341.24, the Commonwealth must prove that the offender:

  • drove or operated
  • any commercial motor vehicle
  • while under the influence of alcohol
Drove or Operated

The Commonwealth must prove that a commercial driver drove or operated a commercial motor vehicle to convict an offender of commercial driver DUI in Virginia under Va. Code §46.2-341.24.  Operation  in Virginia means driving or being in actual physical control of a motor vehicle.  Admissions to driving or testimony that a witness saw the offender driving or operating a motor vehicle can be introduced as proof of operation.

Commercial Vehicle

A commercial motor vehicle is defined in Va. Code §46.2-341.4 as “every motor vehicle, vehicle or combination of vehicles used to transport passengers or property which either: (i) has a gross vehicle weight rating of 26,001 or more pounds; or (ii) has a gross combination weight rating of 26, 001 or more pounds inclusive of a towed vehicle with a gross vehicle weight rating of more than 10,000 pounds; or (iii) is designed to transport 16 or more passengers including the driver; or (iv) is of any size and is used in the transportation of hazardous materials as defined in this section. Every such motor vehicle or combination of vehicles shall be considered a commercial motor vehicle whether or not it is used in a commercial or profit-making activity.”

Under the Influence of Alcohol

A driver is under the influence if alcohol or drugs have impaired his ability to safely operate a motor vehicle.  Under the influence means that the offender drank enough alcohol or consumed enough drugs to observably affect his speech, manner, muscular movement, disposition, behavior, or general appearance.

Blood Alcohol Content and Blood Drug Content: A Blood Alcohol Content (BAC) higher than .08 in Virginia creates a permissive inference that the driver was under the influence at the time of the offense, and Blood Drug Content at certain levels for specific drugs allows courts to infer the driver was under the influence of drugs at the time of the offense (Va. Code §46.2-341.27).

Other Indicators of Impairment: In addition to (or instead of) chemical tests, there a number of other ways the Commonwealth can prove an offender was under the influence of alcohol or drugs while operating a motor vehicle.  Admissions to drinking or taking drugs, an odor of alcohol, appearance of being under the influence (glassy or blood shot eyes, appearing disheveled), slurred speech, the driving behavior leading to the initial stop, and Preliminary Breath Test results can all be used as evidence that a driver was under the influence.

Preliminary Breath Test: Unlike a DUI charged under Va. Code §18.2-266, a commercial driver suspected of driving a commercial vehicle under the influence may be required to submit to a Preliminary Breath Test (PBT) (Va. Code §46.2-341.25(A)).  The results from the PBT will not be used as evidence against the driver in court, but will be used to establish probable cause that a person was driving or operating a commercial motor vehicle while under the influence (Va. Code §46.2-341.25(D)).

Breathalyzer or Blood Test: If the PBT detects any alcohol, or if the driver refuses to submit to the PBT, the implied consent law is triggered (Va. Code §46.2-341.25(C), Va. Code §46.2-341.26:2).  The implied consent law requires anyone operating a commercial motor vehicle to submit to a breath or blood test to determine the presence of alcohol, drugs, or both in the driver’s system (Va. Code §46.2-341.26:2(A)).

In order for the implied consent law to be triggered, the offender must have been operating a commercial motor vehicle on a highway and be arrested within 2 hours of the offense (Va. Code §46.2-341.26:2(A)).  A highway is defined in Va. Code §46.2-100 as “the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated “highways” by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.”

If any alcohol is detected by the breath test, the magistrate will immediately issue a 24 hour out-of-service order (Va. Code §46.2-341.26:2(D)).  This means the driver is prohibited from driving a commercial motor vehicle for 24 hours.

Breathalyzer Refusal: If the driver refuses the required breath or blood test, he will be charged with refusal under Va. Code §46.2-341.26:3 and there will be an immediate 24 hour out-of-service order issued (Va. Code §46.2-341.26:3(C)).

Alcohol or Drugs

A driver can be convicted of operating a commercial motor vehicle under the influence of alcohol or drugs in Virginia.  The Commonwealth must prove that the offender had alcohol, drugs, or both in his system and that the alcohol or drugs (or combination of alcohol and drugs) impaired his ability to safely operate a motor vehicle.  Breathalyzer tests and blood tests are commonly used not only as proof that the substances were in the driver’s system, but that the levels were high enough to infer that the driver was under the influence at the time he was operating a motor vehicle.

Penalty for Commercial Driver DUI in Virginia

A Commercial Driver DUI in Virginia is a Class 1 misdemeanor.  It is punished with jail, fines, disqualification from operating a commercial motor vehicle, and driver’s license revocation (Va. Code §46.2-341.28, Va. Code §46.2-341.18).

Jail

A commercial driver DUI in Virginia is punished with up to 12 months in jail.  The driver will be sentenced to mandatory minimum jail time for second and subsequent offenses (Va. Code §46.2-341.28).

Fines

A commercial driver DUI in Virginia is punished with a fine up to $2500.  However, there will be mandatory minimum fines for second and subsequent offenses (Va. Code §46.2-341.28).

Disqualification From Driving or Operating a Commercial Vehicle

Disqualification is defined in Va. Code §46.2-341.4 as “a prohibition against driving, operating or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.”

First Offense: The commercial vehicle driver will be disqualified from operating a commercial vehicle for one year if he is convicted of commercial driver DUI in Virginia, DUI, DUI Maiming, or Breathalyzer Refusal.   A commercial driver will also be This disqualified in Virginia if the driver was convicted of a DUI in another state (Va. Code §46.2-341.18(A)(2), Va. Code §46.2-341.18(C)(1)).  A commercial driver disqualified from operating a commercial motor vehicle cannot obtain a restricted license.

Transporting Hazardous Materials: If the commercial vehicle driven at the time of the offense was used in the transportation of hazardous materials, the offender will be disqualified from operating a commercial motor vehicle for 3 years (Va. Code §46.2-341.18(B)).

Second or Subsequent Offense: A commercial driver will be disqualified for life from driving or operating a commercial motor vehicle if he has been convicted of a combination of any 2 or more of the following offenses:

  • Driving a commercial vehicle under the influence of alcohol or drugs (Va. Code §46.2-341.18(A)(2))
  • Driving a non-commercial motor vehicle under the influence of alcohol or drugs (Va. Code §46.2-341.18(C)(1))
  • DUI Maiming while operating  a commercial vehicle (Va. Code §46.2-341.18(A)(3))
  • DUI Maiming while operating a non-commercial motor vehicle (Va. Code §46.2-341.(C)(1))
  • Breath or blood test refusal as a result of a charge of commercial driver DUI in Virginia (Va. Code §46.2-341.18(A)(4))
  • Breath or blood test refusal as a result of a charge of driving a non-commercial motor vehicle under the influence (Va. Code §46.2-341.18(C)(2)
  • Failing to stop at the scene of an accident while operating a commercial motor vehicle (Va. Code §46.2-341.18(A)(5))
  • Failing to stop at the scene of an accident while operating a non-commercial motor vehicle (Va. Code §46.2-341.18(C)(3))
  • Driving a commercial motor vehicle in violation of an out-of-service order (Va. Code §46.2-341.18(A)(1)
  • Driving a commercial motor vehicle while disqualified (Va. Code §46.2-341.18(A)(1))
  • Driving a commercial motor vehicle in violation of a revocation or suspension (Va. Code §46.2-341.18(A)(1))
  • Using a commercial motor vehicle in the commission of a felony (Va. Code §46.2-341.18(A)(6)), or
  • Using a non-commercial motor vehicle in the commission of a felony (Va. Code §46.2-341.18(C)(4))
Driver’s License Revocation

In addition to being disqualified from driving or operating a commercial vehicle, the offender’s privilege to drive in Virginia will be revoked (Va. Code §46.2-341.30(B), Va. Code §18.2-271).

First Offense Commercial Driver DUI in Virginia

A first offense commercial driver DUI in Virginia under Va. Code §46.2-341.24 is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, disqualification from driving or operating a commercial motor vehicle for 12 months, and driver’s license revocation for 12 months (Va. Code §46.2-341.18(A)(2), Va. Code §18.2-271).

Second Offense Commercial Driver DUI in Virginia

A second offense commercial driver DUI in Virginia committed within 5 years is punished with 1 to 12 months in jail (with a mandatory minimum, active sentence of 5 days) and a fine between $200 and $2500 (Va. Code §46.2-341.28).   A second offense commercial driver DUI in Virginia committed within 10 years is punished with 1 to 12 months in jail (with no mandatory minimum, active sentence) and a fine between $200 and $2500.

Upon being convicted of a second offense commercial driver DUI in Virginia, the offender will be disqualified for life from driving or operating a commercial motor vehicle and he will not be able to obtain a restricted license (Va. Code §46.2-341.18(D), Va. Code §46.2-341.30(A)).  Additionally, the driver’s privilege to drive any motor vehicle will be revoked or 3 years (Va. Code §46.2-341.30(B), Va. Code §18.2-271).

Third Offense Commercial Driver DUI in Virginia

A third offense commercial driver DUI in Virginia in 10 years is punished with 2 to 12 months in jail.  There is a mandatory minimum, active sentence of 10 days in jail.  If the commercial driver DUI in Virginia is a third offense in 5 years, there will be a mandatory minimum, active sentence of 30 days in jail.  The driver also faces a fine between $500 and $2500 (Va. Code §46.2-341.28) and he will be disqualified for life from driving or operating a commercial motor vehicle.  Additionally, his driver’s license will be revoked indefinitely if convicted of a third offense commercial driver DUI in Virginia (Va. Code §46.2-341.30(B), Va. Code §18.2-271)).

Driving or Operating a Commercial Motor Vehicle with a BAC of .04% or More

Driving or operating a commercial vehicle with a BAC of .04% or more is a Class 3 misdemeanor (Va. Code §46.2-341.24(B), Va. Code §46.2-341.29).  It is punished with a fine up to $500 and the driver will be disqualified from driving or operating a commercial motor vehicle for 1 year (Va. Code §46.2-341.30(A), Va. Code §46.2-341.18(A)(2)).  The driver is not allowed to obtain a restricted license during this period of revocation (Va. Code §46.2-341.30(A)).  Additionally, the driver’s privilege to operate a non-commercial motor vehicle will be revoked (Va. Code §46.2-341.30(B)).  This charge is a lesser included offense of Driving a Commercial Vehicle while Intoxicated under Va. Code §46.2-341.24(A)).

A commercial driver can also be disqualified in Virginia if he was disqualified in another state for having a BAC of .04% or more (Va. Code §46.2-341.18:1(A)(1)).

Driving a Commercial Motor Vehicle with Any Alcohol in the Driver’s System

Driving a commercial vehicle with any alcohol in the driver’s system is a traffic infraction (Va. Code §46.2-341.31).  There will be an immediate 24 hour out-of-service order when a driver is charged with violating this section (Va. Code §46.2-341.26:2(D)).

DUI by Commercial Driver While Operating Non-Commercial Vehicle

A commercial driver that is convicted of a DUI, DUI Maiming or Breathalyzer Refusal that does not involve a commercial motor vehicle will be disqualified from driving or operating a commercial vehicle for one year, even though the offense did not occur while he was operating a commercial vehicle (Va. Code §46.2-341.18(C)(1)).

Breathalyzer and Blood Test Refusal by Commercial Driver

If the commercial driver unreasonably refuses the breath or blood test after an arrest for commercial driver DUI in Virginia, the magistrate will issue an immediate 24 hour out-of-service order (Va. Code §46.2-341.26:3(C)).  A conviction for unreasonable refusal will result in disqualification from driving or operating a commercial motor vehicle (Va. Code §46.2-341.26:4, Va. Code §46.2-341.18(A)(4)).

If a commercial vehicle driver was disqualified in another state for refusal to take a blood or breath test under the implied consent law, Virginia will disqualify that commercial driver from driving or operating a commercial motor vehicle as well (Va. Code §46.2-341.18:1(A)(1)).

Violation of Out-of-Service Order, Driving While Disqualified, Driving While Revoked

Driving or operating a commercial motor vehicle after having been disqualified, revoked, suspended, or in violation of an out-of-service order is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $1000.  If charged with a violation of an out-of-service order, there will be a minimum fine of $2500 (Va. Code §46.2-341.21(B)).  A second offense of driving or operating a commercial motor vehicle after having been disqualified, revoked, suspended, or in violation of an out-of-service order is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  There will be a minimum fine of $5000 for a second offense of driving in violation of an out-of-service order (Va. Code §46.2-341.21(B)).