While a DUI conviction can negatively impact anyone’s life, for people who drive for a living, the effects are often devastating. For example, in recent months, Massachusetts faced public scrutiny due to the sudden revocation of hundreds of commercial driver’s licenses (CDLs), impacting the livelihoods of many truck and bus drivers. These revocations were triggered by DUI convictions from decades ago, some as far back as the 1980s, as part of the Registry of Motor Vehicles’ (RMV) new “lifetime look back” policy. While the change in Massachusetts has no impact on Illinois law, it is a concerning sign of the possibility that retroactive penalties could be implemented in other states. If you are charged with a DUI crime, it is important to understand your rights, and you should meet with an Illinois DUI defense lawyer.
RMV’s Lifetime Look Back and the Impact on CDL Holders
It is alleged that the RMV’s recent actions stem from its retroactive enforcement of provisions within Melanie’s Law, a Massachusetts statute enacted in 2005 aimed at cracking down on drunk driving offenses. Under this law, repeat offenders and those who refuse breathalyzer tests are prohibited from holding a CDL. However, the RMV did not uniformly enforce this rule until 2019, after a truck driver, who should have had his license suspended, was involved in a fatal crash that claimed seven lives. Following this tragedy, the RMV took a harder stance on CDL holders with past DUI convictions, applying Melanie’s Law to past violations.
It is reported that the impact has been devastating for many drivers. One long-time CDL holder lost his license due to drunk driving offenses that occurred in the 1980s. Despite having a clean driving record since 2017, when the RMV Board of Appeals granted him a CDL, the driver is now out of work. His case is not unique; nearly 500 other drivers have been affected by this sweeping enforcement. Many argue that the RMV’s decision to revisit decades-old violations is unfair, especially for those who have turned their lives around and become productive members of society.
Illinois Law on CDL Disqualification for DUI Offenses
Illinois, like Massachusetts, enforces strict laws regarding CDL and DUI offenses, with severe consequences for drivers who violate them. In Illinois, if you hold a CDL and are arrested for DUI, your CDL can be disqualified for one year, even if the DUI did not occur while driving a commercial vehicle. A suspension for refusing a breath test or testing over the legal limit is enough to trigger this penalty. Even if you receive court supervision for the DUI, which might save your regular driver’s license, your CDL will still be revoked. Worse yet, if you fail or refuse a breath test, a not-guilty verdict in your DUI case will not prevent the disqualification of your CDL.
A second DUI offense in Illinois results in a lifetime disqualification of a CDL. While Illinois law theoretically allows the Secretary of State to reduce a lifetime ban to ten years, no formal process has been established to date, leaving many drivers without any opportunity for reinstatement. These stringent rules have led to many CDL holders losing their jobs and facing significant barriers to finding new employment as truck or bus drivers.
Consult a Knowledgeable Illinois Attorney Regarding Your DUI Charges
If you have been charged with a DUI crime and hold a CDL, it is essential to understand the potential consequences, and you should consult with an attorney who specializes in DUI defense. Attorney Theodore J. Harvatin of the Harvatin Law Offices, PC, is a knowledgeable Illinois DUI defense lawyer with ample experience defending people charged with DUI offenses, and if you hire him, he can help you fight to protect your interests. You can contact Mr. Harvatin to arrange a meeting by calling 217.525.0520 or using the online contact form.