Wisconsin Drunk Driving Penalties for Commercial Driver’s License

If you are charged with driving under the influence of alcohol in Wisconsin and possess a Commercial Driver’s License (CDL), you must act quickly to protect your rights. A person with a Wisconsin CDL faces harsher penalties for drunk driving than a person with only a regular Class D driver’s license.

Most of our clients accused of a drunk driving charge immediately worry about how a conviction would affect their job, their family, and their responsibilities. These concerns are only exacerbated for commercial drivers as a first offense conviction results in an immediate one-year disqualification of their commercial license.

As a result, it is imperative that commercial drivers charged with drunk driving seek and retain competent and experienced legal counsel immediately.

CDL Application Process

Obtaining a commercial driver license in Wisconsin includes an application process, testing in written form, road tests, classes, and fees. Commercial driver license skills tests are generally conducted by third parties rather than DMV employees. Wisconsin adopted the classified license system required by the Federal Commercial Motor Vehicle Safety Act of 1986 in 1989 via Wis. Act. 105.

The act adopted one CDL that designates by class the types of vehicles that the holder is authorized to operate. Motor vehicles are divided into five classes: A, B, C, M, and D. A CDL may authorize operation of any or all the classes. Drivers must obtain endorsements to engage in certain motor vehicle operation – specifically transporting hazardous materials, school children, or passengers or operating tank vehicles or towing double or triple trailers. An applicant must complete additional testing to operate such vehicles along with additional renewal requirements.

After passing and qualifying for a CDL license, depending on the class and endorsement of the driver’s commercial license the CDL holder may operate commercial motor vehicles.

Wisconsin Blood Alcohol Concentration Levels for Commercial Drivers

The legal Blood Alcohol Concentration (BAC) level in Wisconsin is .08 when operating a vehicle with a Class D license (regular driver’s license). However, the legal blood alcohol content limit for a person who holds a CDL and is operating a commercial vehicle at the time of his or her arrest the legal limit is .00. Wis. Stat. 346.63(7). Penalties increase at BACs of .04 and .08.

Pursuant to Wisconsin statute, a CDL driver is prohibited from operating or being on duty time with respect to a commercial motor vehicle, if:

  • Within 4-hours after consuming alcohol
  • With an alcohol concentration above .00
  • While transporting any alcohol that is not a part of the driver’s load appearing on the load manifest.

A driver is on duty from the time the driver begins work or is required to be ready for work until the driver is off work and relieved of all responsibility of doing work.

WI OWI Penalties with a CDL

A Wisconsin licensed commercial driver faces stiff penalties if convicted of driving while intoxicated, even if pulled over in their personal vehicle. The resulting penalties will affect the operators Class D and commercial driver’s license.

A CDL operator convicted of a 1st Offense OWI will have his or her commercial driver’s license disqualified for one-year in addition to a six-to-nine-month revocation of his or her Class D license. If hazardous materials were being hauled at the time of arrest, the one-year CDL disqualification would increase to three years. While some employers may find alternate job tasks for drivers during that year, other employers will not be so kind.

If the operator has a BAC of greater than .00 but less than .04 while operating a commercial motor vehicle, the penalty is a $10 fine plus costs, a 24-hour out of service order, and if the person refuses to take the chemical test required by law enforcement refusal penalties including revocation and disqualification of the commercial license.

If the operator has a BAC of .04 or greater but .08 or less the penalties for a first offense OWI are, a fine of not less than $150 nor more than $300 and a 1-year CDL disqualification order. If at or above .08, the driver faces the consequences of an OWI 1st offense, in addition to a 1-year CDL disqualification.

A second-offense OWI conviction will disqualify a CDL for life. In addition to the loss of livelihood, if the second OWI conviction occurred within 10-years of the first the convicted driver is subject to:

  • fines of between $300 and $1000,
  • spending 5 days to 6 months in jail, and
  • having an IID or ignition interlock device installed for a period of 12 to 18 months.
  • 12–18-month revocation of the operators Class D driver’s license

Remember, your CDL is an extension or endorsement of your regular driver’s license. If your Class D driver’s license gets revoked or suspended, that means that your CDL will be revoked or suspended as well. This is true even if you were driving a non-commercial motor vehicle at the time of the violation.

In addition to CDL disqualifications, a commercial driver’s license may also be taken away due to an “out of service order”. Out of service orders are usually valid only until the problem with the driver or the vehicle is remedied. A driver can be disqualified for operating while ordered out of service. A person operating a commercial motor vehicle while revoked, out of service, or disqualified faces criminal penalties in Wisconsin.

All states are required to permit validly licensed CDL holders to operate commercial motor vehicles in their states. Wisconsin treats CDL licenses from out of state as federal drivers’ licenses that may be suspended or revoked by the issuing state.

Wisconsin OWI CDL Disqualification Look Back Period

When determining whether a prior conviction will make a current disqualification a second offense, note the date of the prior offense and the class of vehicle operated. Convictions for offenses in class D or M vehicles committed prior to September 30, 2005, that did not result in disqualification and will not count. Convictions on or after that date in any type of motor vehicle will count as a second and therefore lifetime disqualification offense.

Other Disqualifying Offenses

Serious disqualifying offenses such as speeding 15-mph or greater can cause a disqualification. For these offenses, all offenses committed in commercial motor vehicles are included. If the offense is committed in a non-commercial motor vehicle it only counts if the suspension evocation or cancellation of operating privileges resulted from a conviction.

It is important for a CDL operator to ensure that even if a conviction is not a disqualifying offense under Wisconsin law, it is also not a disqualifying offense under federal law.

Employer and Employee Responsibilities after CDL Conviction

An employee must notify the State and employer of both commercial and noncommercial traffic convictions, and must notify his or her employer of suspensions, cancellations, revocations, or disqualifications. The DOT has a form that the driver should complete to do this.

Employers are subject to severe penalties for allowing an employee to operate a commercial vehicle while disqualified or out of service. The Wisconsin DOT established an employer notification program. An updated abstract is sent to an employer whenever the driving abstract is altered.

Occupational License

Wisconsin offers the opportunity for a revoked Class D driver to apply for an occupational driver’s license so the offender can travel to places such as work, school, doctor’s appointments, etc. during their period of revocation or suspension. The occupational license is a restricted license that allows people to maintain their employment and household, and it limits when, where and what type of vehicle a person can drive.

There is no equivalent occupation license to operate commercial motor vehicles. Even if a WI CDL driver gets a Class D occupational license, they will not be able to operate a commercial vehicle – they will only be allowed to drive personal vehicles.

Where there is a violation that results in the loss of a Class D or M license, the CDL will generally be disqualified. However, if the offense is one that is not a class D or M offense (e.g., driving with a BAC of .04 to .08) the driver is disqualified only and may apply for a regular license for class D and M without an occupational license.

To reinstate a CDL, the applicant must 1) be valid in all 50 states, and 2) pay a $60.00 fee. There is currently no testing or educational requirement, however this is being considered.

Hire Experienced Wisconsin OWI Defense Attorney Nathan Dineen

If you face drunk driving charges, remember that something like this may affect you personally, financially, and professionally. A WI CDL driver will encounter harsher penalties for drunk driving than drivers with a regular license.

If you find yourself in this situation and don’t want an OWI on your driving record, you should hire a lawyer to represent you. Nathan J. Dineen Attorney At Law practices 100% DUI Defense in Wisconsin. Feel free to contact him at 1-877-384-6800 and schedule a free case review.

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