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Commercial Drivers License and DUI in Idaho

Commercial drivers, as professionals, are held to a higher standard than the average motorist. This is because of the frequency at which they are on the road and the level of care that other drivers expect from professional drivers.

Commercial driver have a lower BAC standard. A commercial driver may be arrested for a DUI with a BAC as low as .04. This is half of the standard for noncommercial drivers which is set at .08.

Because of the enhanced responsibility the legislature really wants to deter commercial drivers from drinking and driving. To do this effectively the legislature placed stronger penalties on DUI’s associated with commercial drivers.

For a commercial driver to get a DUI they must:

(1) have been operating a commercial motor vehicle or

(2) hold a class A, B or C driver’s license, even if they were not driving a commercial vehicle

Then they are convicted of a DUI then they will be disqualified from operating a commercial motor vehicle for a period of not less than one year

However, you do not have to be driving the commercial vehicle at the time of the DUI to receive the enhanced penalties. If the offender holds a class A, B or C driver’s license, even if  they were driving a non-commercial vehicle at the time of the DUI arrest then the offender will be disqualified from operating a commercial motor vehicle for at least a period of one year. The same is true for a commercial driver who refused to a test to determine the alcohol concentration while operating a motor vehicle.

While the length of the suspension for a commercial driver is longer than that of a non-commercial driver the rest of the penalties remain the same. For example a commercial driver and a non-commercial driver will both:

(a) May be sentenced to jail for a term not to exceed six (6) months;

(b) May be fined an amount not to exceed one thousand dollars ($1,000);

(c) Will be advised of their rights in writing by the court.


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