When a commercial truck driver is found guilty of DUI in the state of Michigan, it generally means he/she was operating their vehicle with a BAC (Blood Alcohol Concentration) level of .04, which is the legal limit for CDL drivers, or higher. Although the legal limit to drink and drive for other motorists is .08 when they are 21 years of age or older, it is much lower given the nature of a truck driver’s job. Not only are some truckers hauling loads that weigh anywhere between 40,000 lbs. to 80,000 lbs., but some are transporting hazardous materials that could contaminate the surrounding area if they were to spill out. Therefore, commercial truck drivers are held to a higher standard when it comes to the legal amount of alcohol they can have in their system before they are considered to be over the legal limit.
Now, if a trucker driver is suspected of operating their vehicle while under the influence, whether it because they caused an accident or they were driving recklessly, they will likely be asked to submit to one or more field sobriety tests. If a trucker refuses a preliminary breath test, they will be placed out of service for 24 hours, according to the Michigan Center for Truck Safety. A truck driver will also be placed out of order for 24 hours if:
- He/she consumed alcohol within four hours prior to operating a commercial motor vehicle (CMV).
- He/she consumes alcohol while operating a CMV.
- Has an alcohol content of .02 while operating a CMV.
So, you see, truckers are also at risk of being penalized even when their BAC level is below the legal limit of .04.
What happens if a truck driver’s BAC level is .04 or higher?
When a commercial truck driver violates Michigan’s alcohol laws, they will be subjected to the following penalties:
- If a trucker is caught operating a motor vehicle with a BAC level of .04 or higher, they will have their CDL (Commercial Driver’s License) revoked. If it their first violation, their license will be revoked for a period of one year. If they are operating a vehicle that is transporting hazardous material, then the revocation period increases to three years.
- If it is their second violation, this will “result in a revocation for life.” However, the Michigan Center for Truck Safety says that there is still the possibility that the trucker can reinstate their CDL after 10 years.
What other circumstances would lead to a trucker having their CDL revoked?
If a truck driver were to leave the scene of a collision, also known as a hit and run accident, their license would be revoked. Truckers would also lose their license if they were to use their vehicle to commit a felony or refuse a request for a chemical test.
Involved in an accident with a commercial truck driver in Detroit, MI who caused a drunk driving accident?
If you are the victim of a drunk driving accident in MI that involved the operator of a large truck and want to seek justice for the pain and suffering the driver has caused you, but you aren’t sure how, contact USAttorneys.com today. The Detroit, MI truck accident lawyers we can place you in touch with are some of the best in the field who will be sure to get you the maximum amount of compensation you need along with the justice you deserve. To learn more about how much this might be, contact us today and we will get you connected with a local lawyer in your area who is available and ready to help you.