Maryland DUI Lawyer Blog
Defending drivers with a CDL (commercial driver’s license) who are charged with drunk driving is tricky. Each step of the process involves a risk that the CDL will either be disqualified pursuant to state and federal law, or suspended pursuant to regulations of the Maryland Motor Vehicle Administration (MVA). Under Code of Maryland Regulations (COMAR) 11.11.12.07 the MVA may not issue a CDL if the driver’s license is suspended. Unfortunately, the MVA interprets a case called Embrey v. MVA to hold that any kind of restricted license is the equivalent of a suspension. Under this interpretation, a driver with a work restriction or an ignition interlock restriction may not have a CDL.
The first hurdle through which the CDL driver must pass is the initial MVA hearing for a breath or blood test failure or refusal. If the driver took a test with a result of .08 or higher but less than .15, an effort must be made to persuade the Administrative Law Judge (ALJ) to either take no action or to issue a reprimand, as opposed to a 45 day work permit. If a work permit is issued it will be without the CDL. If the driver failed with a result of .15 or more, or refused a test, an effort must be made for no action. In either event, the ALJ would only have discretion to impose an ignition interlock restriction for one year. Again, this would be without CDL. Additionally, a refusal carries a separate one year disqualification of the CDL.
Continue reading