Nashville Commercial DUI Lawyer
Experienced, Aggressive Representation for CDL Holders
If you are a commercial driver, you need to know that you face some unique challenges when you have been charged with a DUI. For example, if you are convicted of a DUI, you could face some serious consequences, including jail time, fines, and the loss of your commercial driver's license (CDL). Additionally, a conviction could mean that you will lose your job, since most employers require employees to maintain a clean driving record. Fortunately, you do not have to face these challenges alone. Our experienced Nashville DUI lawyers at May & McKinney, PLLC have handled thousands of DUI cases, and we are ready to fight for your rights.
Protect Your CDL & Your Future – A DUI charge can put your career at risk. Contact us at (615) 265-6383 for a consultation today.
What Is Considered a DUI for Commercial Drivers?
The consequences of a commercial driver's DUI conviction can be devastating, as you could lose your job and your ability to earn an income. However, commercial drivers do not face the same penalties as regular drivers. For example, a commercial driver who has a blood alcohol content (BAC) of .04 percent or more could face a civil penalty, but not a criminal conviction. However, a commercial driver who has a BAC of .04 percent or more and who has caused a traffic accident could face a criminal conviction.
Penalties for Commercial DUI in Tennessee
A first-time DUI offense carries a jail sentence of up to 11 months and 29 days, a maximum fine of $1,000, and CDL disqualification for 1 year. However, if you were transporting hazardous materials at the time of the incident, then the disqualification period is 3 years.
Keep in mind, a second DUI offense can result in permanent CDL disqualification.
How a Commercial DUI Affects Your Career
A DUI charge can have serious consequences for commercial drivers, affecting both their current job and future employment opportunities. CDL holders are held to stricter standards than regular drivers, and even a first-time DUI conviction can be career-ending.
Key impacts of a commercial DUI:
- Job Loss & Employment Restrictions – Many trucking companies have zero-tolerance policies for DUIs, meaning you could be terminated immediately after a conviction. Finding another job in the industry may be difficult, as most employers require a clean driving record.
- License Suspension & CDL Disqualification – A first-time DUI offense results in a one-year CDL suspension, and a second offense leads to a lifetime disqualification. Without a CDL, continuing a career in commercial driving becomes nearly impossible.
- Higher Insurance Costs – Employers are required to insure their drivers, and a DUI conviction can significantly raise insurance premiums. Some companies may refuse to hire a driver with a DUI due to increased liability costs.
Steps to Protect Your CDL After a DUI Arrest:
- Contact an experienced commercial DUI lawyer immediately.
- Avoid discussing your case with law enforcement or your employer without legal guidance.
- Challenge the DUI charge through legal defenses to protect your CDL and future employment.
Defenses Against Commercial DUI Charges
A DUI arrest does not automatically mean a conviction. There are several legal defenses that may help CDL holders avoid losing their license and job.
Common defenses include:
- Challenging Breathalyzer & Field Sobriety Tests – Breathalyzers can produce inaccurate results due to improper calibration or medical conditions. Field sobriety tests are subjective and can be challenged in court.
- Proving Law Enforcement Errors – If the officer did not have a valid reason to pull you over or failed to follow proper procedures, the charges may be dismissed.
- Questioning the Testing Process – Blood or breath tests must be administered correctly. If mishandled, the evidence may be inadmissible in court.
Implied Consent Laws for CDL Holders
Tennessee’s implied consent law requires all drivers to submit to chemical testing if suspected of DUI. However, CDL holders face even harsher penalties for refusing a test.
What Happens If You Refuse a Test?
- Automatic one-year CDL suspension for a first refusal.
- Possible additional penalties, including fines and license restrictions.
Can You Fight an Implied Consent Violation?
- Yes. If the officer did not have reasonable suspicion to stop you or failed to inform you of the consequences, you may be able to challenge the refusal charge.
Our Clients Say It Best
Read Our Client Testimonials
At May & McKinney, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"On more than one occasion, you treated me like kin. It meant more than you both will ever know."On more than one occasion, you treated me like kin. It meant more than you both will ever know.- Satisfied Client
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"He Changed My Life"He is the type of attorney who listens to your problem instead of not caring about what is going on just to get your money- Brianna
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"Perfect Results"I am grateful for this level of professionalism and you would be foolish not to have her represent you.- Kyle
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"Best Case Scenario"If you’re looking for a firm who knows how to handle a DUI/DWI case, give Shyanne a call.- Satisfied Client
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"You Made a Difficult Situation Endurable"
Thank you so very much for all you have done and are still doing. Thank you for being such a great attorney in our time of need. You made a difficult situation endurable.
- L.M. -
"Rob and his team did a fantastic job on my case... I would definitely use his services again."Rob and his team did a fantastic job on my case... I would definitely use his services again.- Larry P.
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"The Only Choice for the Best Results"The case came during my senior year of college. It was the scariest moment of my entire life. I felt my career was over before it even started. I chose McKinney Law Firm because they are the Best of the Best. To have a prepared and knowledgeable defense, in a room where you feel guilty until proven innocent, is invaluable. Roger T. May's no non-sense approach was deliberate and strategic. The results of the case were better than I could have ever imagined. After the case was over, I went on to land a lucrative job, travel the world, and have had a very successful career. I truly believe McKinney Law Firm gave me a second chance at life. I am forever grateful for the team's care, urgency, persistence, and professionalism during a very difficult time. "Because I knew you, I have been changed for good." Thank you.- -Satisfied Client
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"Stop searching for an attorney. Stop worrying about your legal woes. Stop wondering if your attorney actually cares and start letting Rob McKinney handle your case."In a nutshell, all of the glowing reviews that I read on this site are 100% spot-on. I had a DWI case reduced to reckless driving. Rob is a fighter and would have battled for a full dismissal if I had requested him to but after some discussion I concluded that accepting the lesser charge was the right move for me. Furthermore, Rob was able to file a motion and get the judge to dismiss my probation obligations once I finished the mandatory classes. It was the best possible result for me. I also need to mention that Karen, the front end of the firm, is spectacular and plays an important part in the firm's success and client experience. She responds to communications promptly and keeps you informed of what's happening as required while Rob and Shyanne stay busy getting the legal work done. Seriously, if you're searching for representation and nervous because you don't know who you can trust and rely on, just stop. I promise you these reviews you've been reading (just like I did before I contacted the firm) are accurate and you can quickly take some of the weight off of your shoulders by having a meeting at May & McKinney and retaining them for your case.- D.T.
