No person can work 24-hour days, seven days each week, every week of the year. CDL holders are no different. Although they work seemingly tirelessly to keep our nation’s economy running smoothly, delivering truckload after truckload of our daily necessities, truck drivers have home lives as well. Also, just like a large portion of the world population, occasionally on their time off, they would like to sit down to enjoy an alcoholic beverage. However, if a CDL holder is off-duty and gets pulled over in their personal vehicle, the results vary from other DUI charges.

Commercial Vehicle vs. Non-Commercial Vehicle

If a driver is not working, perhaps with a day or two off, truck drivers often drive their personal vehicle. Does it make a difference if you were caught driving while using your work vehicle versus using other transportation? The company whose vehicle is in operation during the finding of a DUI may have harsher punishments for the accused, however, to the state of Illinois, it makes no difference. A CDL is a type of licensure used for highly trained individuals, and to maintain the prestigious license, those holding them have a higher standard to uphold in all aspects of driving. Conviction of a "major" driving offense such as drunk driving potentially automatically disqualifies a CDL, which then, in turn, removes commercial driving privileges.

Illinois notoriously has some of the harshest DUI laws and penalties in the country. If convicted of driving under the influence, your license is automatically taken away through the use of statutory summary suspension. The suspension period varies dependent of how the initial stop progressed. If this is the first DUI on record, there may be programs to assist the outcome. Despite dismal odds, there are defensive options available, given the right circumstances.

What Is a Statutory Summary Suspension?

Unlike a revocation which denies driving privileges indefinitely, a suspension denies this allowance for a predetermined length of time. A statutory summary suspension specifically pertains to DUI. If a chemical test results in a blood alcohol concentration (BAC) of 0.08 or higher of alcohol, other drugs, or intoxicating compounds, your driving privileges are suspended for six months to a year. After the allotted amount of time passes, your license is eligible for reinstatement after the payment of a $250.00 fee if this is the first offense. All reinstatement fees after the first offense are $500.00. If you opt to refuse the chemical testing, Illinois has an automatic suspension of 12 to 36 months.

Receiving a conviction of driving under the influence creates potentially irreparable impacts on an individual's driving record and reputation. From additional points on a driving record to your name visible on the local police blotter or news station, the side effects alone are a reason to avoid a DUI. In Illinois and around the country, police use portable breath tests, also known as breathalyzers, to create probable cause for the charge. Hundreds of unsuspecting motorists blindly agree to the procedure without question. However, when your future is in jeopardy, knowing your rights and when they are being infringed can prevent a problem before it begins.

Usage of Portable Breath Tests

Impaired drivers put themselves and others at risk for an accident. Understandably, police and lawmakers want to keep citizens safe, however, in many cases, their interests overshadow the rights of many of our clients. Many field officers inappropriately assess frightened drivers when no probable cause existed initially, giving them further reason to make an arrest if the result returns as positive. It is important to understand that the number on the breathalyzer does not mean a guaranteed conviction. PBTs do not measure alcohol directly. What they measure is methyl group compounds, which can indicate drinking alcohol in a rough estimation. However, a breathalyzer can register as alcohol with the presence of:

Consider any traffic stop in which you were a party. Even in a simple stop for something such as a broken tail light, this formality is a form of a seizure, which is protected by our Fourth Amendment rights. When a stop is performed without just and reasonable suspicion, any following charges should be deemed unconstitutional and be dismissed, even in cases involving DUI. However, these sort of outcomes depends on favorable circumstances coupled with a knowledgeable attorney who has the ability to use them to your advantage.

The Fourth Amendment

The Fourth Amendment protects citizens against unlawful searches and seizures, including arrests, and demands a court-issued warrant even in cases with probable cause. However, a loophole exists in which if the officer believes the driver or general public are in danger, a warrantless stop is permissible. Reasonably suspicious activities are not clear-cut or defined for cops, offering ambiguity that allows an officer to use their judgment given the present circumstances. If the stop is improper, the stop itself and any resulting evidence are challengeable. Possible defense include:

Earlier this year, Illinois Governor Bruce Rauner made considerable alterations to the legal world with regards to marijuana. Not only did this move decriminalize possession of small amounts of the drug, but it also redefined the terms of DUI of marijuana. Now, DUI charges are applicable only after finding a certain amount of THC in your body through testing. Another advancement has come into play to assist officers in determining who is high, the marijuana breathalyzer. This technology may alter the legal process once again.

The Law

The topic of marijuana has always been an incredibly heated debate. It was a monumentally progressive advancement for our state to become the 17th in the United States to decriminalize possession of small amounts of pot. Now, instead of a criminal record, for quantities of less than ten grams of marijuana, officers issue a citation and a fine. This step significantly frees up officers and the legal process, as well as allows these individuals to obtain employment still and pursue higher education. Additionally, the terms of DUI marijuana changed. The charge only applies if: