Virginia is known for strict traffic laws, but when it comes to DUI enforcement for commercial drivers, the requirements also come from the federal government. CDL holders cannot be caught with a BAC reading of 0.04%–half the allowance for most drivers—if they are behind the wheel of a truck or bus. And driving under any influence is unlawful.
All 50 states observe this regulation, and a CDL driver who violates it in any state can face penalties in Virginia. Even where the offense does not involve a high BAC reading, violations of DUI laws can result in suspensions and disqualification for CDL drivers. Virginia commercial drivers need to understand what is at stake and how to avoid running afoul of the rules.
DUI Consequences in Virginia
All Drivers
Virginia’s DUI law prohibits anyone in the Commonwealth from driving:
- With a BAC of 0.08% or more
- “Under the influence of alcohol”Â
- “Under the influence of any [drug or combination of drugs] to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely,” or alcohol combined with drugs
- With a blood concentration of 0.02 mg/l of cocaine, 0.1 mg/l of methamphetamine, 0.01 mg/l of phencyclidine (PCP), or 0.1 mg/l of MDMA (ecstasy)
See Va. Code § 18.2-266. After a driver is arrested for DUI, it is a further offense to refuse breath or blood tests, a Class 1 misdemeanor with separate penalties. See § 18.2-268.3. Transporting a minor under 17 while DUI also enhances penalties.Â
A first DUI offense is a Class 1 misdemeanor, carrying a mandatory minimum fine of $250 and a mandatory jail sentence of 5 to 10 days for drivers with a BAC over 0.15. The second offense within 5 to 10 years carries a fine of $500 and a mandatory minimum jail sentence of 10 to 20 days. Third and further offenses are felonies with increasingly heavy sentences and fines, including seizure of the driver’s car.
Administrative license suspension (ALS) always follows a DUI, from one year for a first offense to an indefinite ban for a felony DUI. Refusing a breath test after arrest also leads to license suspension, even if the offender is not convicted of a DUI. After a waiting period, the offender can request a restricted driver’s license, but they must use an ignition interlock device (IID).
Offenders may be able to reduce their penalties and suspension time by successfully completing their required courses at VASAP (the Virginia Alcohol Safety Program). VASAP typically involves 20 hours of classes, although some programs have more, as well as alcohol and drug testing for the duration of the program.
CDL Drivers
Federal law requires states to have stricter DUI penalties for CDL drivers. Virginia’s DUI law for operating commercial motor vehicles (CMVs) contains the same restrictions as the DUI law for all drivers at § 18.2-266. Additionally, it forbids driving with a BAC of 0.04% or greater. See Va. Code § 46.2-341.24. A CMV driver, unlike a non-commercial driver, may have to take a preliminary breath test before they are arrested for DUI as well as afterward. See § 46.2-341.25.
Driving with a BAC between 0.04% and 0.08% is a Class 3 misdemeanor. It is also unlawful to drive a CMV with any BAC at all. This is a traffic infraction, a lesser offense than a misdemeanor, punishable by a fine. See § 46.2-341.24.
A CDL driver will face largely the same criminal penalties for first, second, and further offenses as any driver would in Virginia. See § 46.2-341.28. Felony violations can lead to seizure of the CMV involved if the driver owns it. A CDL holder can be subject to DUI penalties on their CDL even if they were driving a non-commercial vehicle at the time.Â
A DUI while driving a CMV requires at least a year’s suspension of the driver’s CDL. Unlike with ordinary driver’s licenses, the offender cannot request a restricted CDL to get back on the road. The penalty is increased to three years if the driver was transporting hazardous materials at the time. See § 46.2-341.18. Two or more violations can lead to a lifetime ban from CDLs.Â
Federal law mandates not only stricter license suspension but also career consequences. After a CMV DUI, an employer cannot allow a driver to work until the driver has completed a federally mandated return-to-duty (RTD) process. A licensed substance abuse professional must assess the driver, recommend education or treatment, then re-evaluate their progress. Once the driver successfully completes an RTD test, they can return to work while remaining on a follow-up testing plan.
As of this writing, employers and self-employed drivers must report DUI violations in CMVs to the FMCSA’s Drug and Alcohol Safety Clearinghouse. This database centralizes information on substance abuse violations and RTD progress by CDL holders.Â
When Your Livelihood Is at Stake
Working behind the wheel of a truck or bus means that your next paycheck depends on your driver’s license. When you run into trouble, it’s crucial to get the help of an experienced Virginia DUI attorney to protect your rights and your career. If you have been arrested or charged with DUI, contact our Warrenton office today at 540-386-1277 to schedule a free consultation.