Slidell CDL DWI Attorney

Protect Your Commercial License with Aggressive DWI Defense

DWI is more than a criminal charge for holders of a Commercial Driver’s License (CDL). It is a direct threat to their livelihood. Bus operators, delivery drivers, and truckers who rely on a CDL to earn a living have more at stake than the average motorist. Even a first-offense DWI can result in immediate CDL disqualification, loss of employment, and long-term consequences that follow you across state lines.

At McMillin Law, LLC, we understand the high stakes for commercial drivers and aggressively defend against the charges. We are ready to fight for your rights, reputation, and career.

Why DWI Is Different for CDL Holders

Commercial drivers are held to higher standards in Louisiana and throughout the U.S. Their legal limit is .04%, half the blood alcohol concentration (BAC) limit for other drivers. Even in a personal vehicle, a DWI places a commercial driver’s license at risk. Administrative consequences from the Louisiana Office of Motor Vehicles (OMV) can go into effect almost immediately. DWI charges are particularly severe for CDL holders for the following reasons:

Lower BAC Threshold: The legal limit is .04% while operating a commercial vehicle.
First Offense Disqualification: A single DWI offense in a personal or commercial vehicle can lead to CDL disqualification for one year.
Second Offense Disqualification: With a second offense, CDL qualification is lost for life.
Hazmat Drivers: For a CDL with a hazardous materials (HAZMAT) endorsement, a first-offense DWI results in a three-year disqualification.
Zero Tolerance for Refusal: Refusing a chemical test can mean automatic CDL disqualification.

Penalties for CDL DWI in Louisiana

If you are convicted of DWI while holding a CDL, you face both criminal penalties and professional consequences. First offense DWI carries up to six months in jail, fines of up to $1,000, probation, community service, mandatory participation in a substance abuse program, and a possible ignition interlock requirement for a personal vehicle. CDL disqualification penalties (one year for a first offense, three years if transporting hazardous materials, and lifetime for a second offense) are non-negotiable once a conviction or administrative finding has been entered. It is essential to take immediate legal action for these reasons.

What to Do If You Are Arrested for DWI as a Commercial Driver

If you are a CDL holder and were arrested for DWI, do the following:

Do not admit guilt or try to convince the officer not to arrest you. Any statements made to the police can be used against you.
Request a hearing with OMV to contest CDL disqualification within 30 days of your arrest.
Gather all documents related to the arrest. This should include the DWI citation, the notice of suspension, and receipts from chemical testing.
Contact an experienced CDL DWI lawyer right away. The sooner you hire an attorney, the better your chances of defeating the charge or minimizing the consequences.

Refusing a Breath or Blood Test in CDL DWI

Under Louisiana’s implied consent laws, refusal to take a chemical test can result in automatic license suspension and CDL disqualification, regardless of whether you are convicted in criminal court. The CDL disqualification is one year for a first refusal and increases significantly for subsequent refusals. This administrative penalty, which is enforced by OMV, occurs independently of DWI criminal proceedings. You have 30 days from the date of your arrest to challenge the suspension and disqualification.

CDL holders are held to a higher standard than other drivers. Refusing a breath or blood test can accelerate the loss of your license. We can help you fight refusal suspension and work to preserve your commercial driving privileges.

Defending Against CDL DWI

Our legal team has experience defending criminal and administrative DWI cases and knows how to protect the professional interests of commercial drivers. We approach CDL cases in the following ways:

Analyzing the Traffic Stop

We examine every detail of the traffic stop. We aim to determine why you were pulled over, whether the police officer had probable cause, and whether your constitutional rights were violated.

Challenging Field Sobriety Tests and Chemical Testing

Although roadside field sobriety tests, breathalyzers, and blood tests are not foolproof, many DWI arrests hinge on them. We assess whether the following occurred:

Medical conditions existed that may have skewed results
The breathalyzer was properly calibrated
The police officer was certified to administer the test
The chain of custody for blood samples was strictly followed

Filing for an Administrative Hearing

We immediately file for an OMV administrative hearing to challenge the CDL disqualification and represent you at the hearing. We use the opportunity to uncover evidence and potentially stop the cancellation of your Commercial Driver’s License.

Defending Against the Charges at Trial

If the law and facts support your case, we will not hesitate to take it to trial. Our goal is to beat the DWI charge and protect your future as a commercial driver.

CDL Suspension Following a DUI

A DUI conviction has severe consequences, but the legal punishment for someone with a commercial driver’s license (CDL) can be life-altering. Fines, possible jail time, and the inability to obtain another commercial driving job are all possible outcomes should you be convicted. If you were arrested for DUI, don’t risk losing your livelihood.

Louisiana’s CDL DUI laws adhere to the federal guidelines for commercial driver’s licenses. The guidelines are strict and impose a minimum of a one-year license suspension for a variety of offenses, particularly those connected to drinking and driving.

The federal CDL guidelines examine “major” and “minor” violations. Major violations result in a one-year license suspension or “disqualification.” The suspension could also last 3 years if you were transporting hazardous materials at the time of your arrest.

DUI convictions and refusals to take the blood alcohol test required as part of Louisiana’s Informed Consent Law are both major violations and will result in a CDL suspension.

Avoid a Lifetime Ban: The Risks of Multiple DUIs for CDL Drivers

If you get a second DUI or commit any other major violation, such as driving under the influence of drugs or leaving the scene of an accident, you could receive a lifetime disqualification for your CDL. This suspension can go as long as ten years before reinstatement would be considered.

Legal Alcohol Limit for CDL Drivers

When a commercial driver’s license is involved, different rules apply to an arrest for DUI. A key difference is that the blood alcohol limit is significantly lower if you are pulled over when operating a commercial vehicle. While Louisiana’s limit is .08 for the BAC when driving a non-commercial vehicle, the blood alcohol level at which a CDL driver in a commercial vehicle can be arrested is .04.

Louisiana is also less forgiving of traffic offenses than many other states. Louisiana does not allow commercial drivers to remove moving violations from their records by participating in Defensive Driving or Deferred Adjudication. Thus, pairing previous traffic offenses with a DUI conviction will harm your driving record and substantially increase the cost of your insurance.

FAQs About CDL DWI in Louisiana

Can I Get A Hardship License With A CDL?

CDL holders in Louisiana are not eligible for hardship licenses to operate commercial vehicles during disqualification periods. While you may obtain a hardship license that allows you to legally drive to essential locations such as a job that does not involve commercial driving or medical appointments, it will not allow you to operate a commercial vehicle.

Can My CDL Be Suspended If I Was Off-Duty In My Personal Vehicle When Arrested?

Under Louisiana law and federal regulations, a DWI in your personal vehicle will still result in a one-year disqualification of your CDL.

After A DWI Disqualification, Is There Any Way To Get My CDL Back Sooner?

No, CDL disqualifications are mandatory and cannot be shortened. There is no early reinstatement for commercial driving privileges.

What If I Am An Out-Of-State CDL Holder Arrested In Louisiana For DWI?

Louisiana will report your arrest and resulting disqualification to your home state. Through the Driver License Compact, most states will honor the disqualification. An arrest in Louisiana can affect your CDL status nationwide.

Will A DWI Conviction Prevent Me From Getting Work When My CDL Is Reinstated?

A DWI conviction could significantly limit your employment options, even after your CDL is reinstated. Many trucking and transportation companies conduct background checks and will not hire drivers with DWI convictions on their records.

Hidden Costs of DWI for CDL Holders

DWI convictions can be financially and professionally devastating for CDL holders. The true cost can be measured in terms of lost income, damaged reputation, and permanently limited career options. A commercial driver’s ability to earn depends on holding a valid CDL. Whether it involves alcohol or drugs, a DWI conviction could trigger immediate termination and make it difficult to find new employment in the industry.

Insurance costs can skyrocket after a DWI. Many companies that hire commercial drivers carry high levels of liability coverage. With a DWI on your record, you are considered a high-risk driver, and some insurers may refuse to cover you.

Although your license may eventually be reinstated, the damage to your reputation can be long-lasting. Some employers will not consider applicants with criminal records. Others perform annual background checks and driving record reviews, which could lead to termination.

Even if criminal charges are reduced or dropped, administrative consequences from OMV may still apply. It is critical to have an attorney who understands both sides of the system. We can fight to protect your record in court and to preserve your right to drive commercially.

Why Choose Us for CDL DWI Defense?

When your livelihood is at stake, you need a DWI defense attorney who understands the unique challenges CDL holders face. At McMillin Law, LLC, we know how to navigate the criminal court system and administrative license hearings through OMV. We understand federal regulations governing commercial drivers and how a single charge could impact your future across state lines. Our approach is strategic, aggressive, and focused on protecting your ability to work.

Attorney Robert McMillin has a proven track record in DWI defense. His extensive DWI training, including the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing, allows him to detect when procedures are not followed, which can result in the reduction or dismissal of the charges. We examine every detail of your arrest, from the traffic stop to the chemical testing.

When you work with our firm, you can expect thorough preparation, responsive communication, and relentless commitment to your case. Do not face CDL DWI charges alone. Contact us at 985-282-2552 to get an experienced Slidell CDL DWI attorney on your side.