Additional Links
- CDL DWI Lawyer in St. Louis
- How a DWI Affects Your CDL
- Should/Can I Refuse a Field Sobriety Test?
- Should I Blow if I Get Pulled Over for a DWI/DUI in Missouri?
- How Do You Beat a DWI/DUI Charge in Missouri?
- Building Your DWI/DUI Defense
- What Are Your Rights When Pulled Over on Suspicion of DWI/DUI?
- How CDL DWI Charges Work in St. Louis and Missouri
- What Can a St. Louis CDL DWI Lawyer Do For Me and My Case?
- Criminal Lawyers With Payment Plans
What is CDL DWI in Missouri?
In Missouri, a CDL DWI (Driving While Intoxicated) refers to operating a commercial motor vehicle while impaired by drugs or alcohol. Because commercial drivers operate larger vehicles that pose greater risks on the road, the standards of care they are held to are stricter than those applied to regular drivers.
According to Missouri Revised Statutes (RSMo §302.700 and §577.010), commercial drivers can face DWI charges if they operate a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher, which is half the legal limit for non-commercial drivers (0.08%).
Example Situations Where a CDL DWI Can Occur
- Driving a semi-truck or commercial vehicle after drinking alcohol
- Operating a commercial vehicle while impaired by drugs
- Failing a blood or breath test showing a BAC of 0.04% or higher
- Refusing chemical testing when suspected of intoxication
What Are the Penalties for CDL DWI in Missouri?
A CDL DWI conviction in Missouri can lead to serious consequences that affect both your job and your freedom.
CDL Disqualification
CDL holders convicted of DWI charges typically receive at least a one-year suspension of their commercial driver’s license. The suspension can increase to three years if the offense occurred while transporting hazardous materials.
Criminal Penalties
Generally, a Missouri DWI is charged as a Class B misdemeanor for a first offense, which may include up to six months in jail, court costs, administrative fees, and fines of up to $1,000. Penalties become harsher for repeat offenses and can result in felony-level charges.
Employment Consequences
Most commercial driving employers have strict policies regarding alcohol-related offenses. A CDL DWI conviction can lead to job termination and future difficulties finding work in the trucking industry.
Insurance Issues
Insurance costs may rise significantly, or your coverage may be cancelled if you are classified as a high-risk driver. A conviction may also make future coverage difficult to obtain.
Criminal Record
Because a DWI conviction becomes part of your permanent criminal record, it can negatively affect job opportunities, professional licensing, and even housing.
What to Do if You’re Arrested for a CDL DWI in Missouri
If you are arrested for a CDL DWI in Missouri, the steps you take immediately afterward can make a major difference in your case.
Remain Calm and Compliant
Do not resist arrest or argue with law enforcement officers.
Remain Silent
Use your right to remain silent. Anything you say may be used against you later.
Request a Lawyer
Immediately contact an experienced criminal defense lawyer who can advise you on your rights and begin building your defense.
Do Not Allow Unnecessary Searches
You are not required to consent to searches of your vehicle or belongings unless officers have a warrant or legal authority.
Address Your CDL Status Quickly
The best way to help preserve your driving privileges is to act quickly, because administrative license suspension deadlines often apply soon after arrest.
Defense Strategies Against CDL DWI Charges in Missouri
Every CDL DWI case is different, but several defense strategies Combs Waterkotte attorneys may use include the following:
Challenging the Traffic Stop
If the initial stop was improper, evidence gathered afterward may be challenged in court.
Questioning Breath or Blood Test Accuracy
Breathalyzers and other chemical tests can produce inaccurate results because of improper calibration, medical conditions, or incorrect administration.
Improper Field Sobriety Tests
Field sobriety tests may be affected by fatigue, weather, medical conditions, or road surface issues.
Violation of Constitutional Rights
If your Fourth or Fifth Amendment rights were violated, important evidence may be suppressed.
Lack of Proof of Impairment
To convict you, the prosecution must prove impairment beyond a reasonable doubt.
How a Missouri CDL DWI Lawyer Can Help You
A CDL DWI lawyer can help protect your rights and minimize the impact these charges have on your life and career.
Speaking With Law Enforcement
Your lawyer can communicate with investigators and prosecutors on your behalf to prevent statements that may harm your case.
Investigating the Evidence
A criminal defense attorney can review police reports, dashcam footage, bodycam footage, breathalyzer calibration records, and witness statements.
Filing Pre-Trial Motions
Your attorney may challenge procedural errors and file motions to suppress improperly obtained evidence.
Negotiating With Prosecutors
In some cases, a lawyer may be able to negotiate for reduced charges or more favorable sentencing options.
Representing You in Court
Your attorney will present your defense and argue for the best possible outcome, whether your case is resolved before trial or proceeds to court.
What Happens After a CDL DWI Arrest?
After a CDL DWI arrest in Missouri, the process usually includes the following steps:
Processing
You may be booked at a police station, where officers record your information and take fingerprints and photographs.
Formal Charges
Once prosecutors review the evidence, they may file formal charges if they believe the case is supported.
Bail or Release
You may be released on bond or ordered to appear in court at a later date, depending on the circumstances.
Pre-Trial Proceedings
Your lawyer may review evidence, file motions, and negotiate with the prosecution during this phase.
Plea Negotiations or Trial
Your case may be resolved through plea negotiations, or it may proceed to trial depending on the facts and the available defenses.
Can CDL DWI Charges Be Reduced or Dismissed?
Yes. In some situations, CDL DWI charges can be reduced or dismissed for reasons such as:
- Lack of probable cause for the traffic stop
- Faulty breathalyzer or chemical testing
- Procedural errors by law enforcement
- Insufficient evidence of impairment
Combs Waterkotte’s criminal defense lawyers can identify weaknesses in the prosecution’s case and use them to your advantage.
CDL DWI in Missouri FAQs
What BAC limit applies to CDL drivers in Missouri?
Commercial drivers are considered legally intoxicated with a BAC of 0.04% or higher while operating a commercial vehicle.
Can I lose my CDL for a DWI in my personal vehicle?
Yes. A DWI conviction in a personal vehicle can still result in the loss of your CDL even if you were not driving a commercial vehicle at the time.
How long will my CDL be suspended after a DWI?
A first CDL DWI typically results in a one-year suspension from operating commercial vehicles.
Can I get a hardship CDL after a DWI?
Missouri generally does not allow hardship licenses for CDL driving during a disqualification period.
Will my CDL DWI conviction go away?
No. There is no Suspended Imposition of Sentence (SIS) in Missouri, which means a conviction will remain on your record.
What happens if I refuse to blow?
Refusing a chemical test can result in an automatic one-year CDL disqualification.
Should I hire a lawyer for a CDL DWI?
Yes. A criminal defense lawyer can evaluate your case and build the strongest possible defense on your behalf.
How Will a DWI Affect My CDL in St. Louis?
If convicted, a Missouri CDL DWI will likely have major adverse effects on your life. This is largely due to the near-immediate suspension of your CDL for at least one year and the fact that you cannot obtain a hardship or occupational license for commercial driving during the disqualification period. Your regular driver’s license may also be affected.
If you were transporting hazardous materials at the time of the offense, your professional license may be disqualified for three years for a first offense. If this is not your first offense, your CDL disqualification may become permanent.
Other possible consequences of a Missouri CDL DWI include:
- Possible suspension or termination from your job
- Suspension or revocation of your CDL
- Insurance rate increases or the inability to obtain insurance coverage
- Requirements to file an SR-22 for the next three years with your insurance carrier
- Potential jail time, fines, or community service
- Educational programs like Substance Awareness Traffic Offender Program (SATOP) or mandated ignition interlock devices
