Driving a commercial vehicle such as a company car, a passenger vehicle, a fleet car, a cargo van or a limousine requires a commercial driver’s license. And sometimes this license can be of great risk when the driver is involved in a DUI (driving under the influence) case. Of course, above from the suspension or revocation of the commercial license, you would be facing other legal penalties that could take away your liberty. Because you will not be charged with a typical DUI, but a commercial DUI in Nevada.
The State of Nevada is populated by commercial vehicles and their corresponding commercial drivers as it is one of the busiest places in the world due to its tourism (in cities like Las Vegas) and continually growing business economy. Since the State’s law is very rigid when it comes to ordinary DUI, it should not be a surprise to know that commercial DUI in Nevada is also being watched vigilantly. If you are a commercial driver, here is an article that probes commercial DUI violations based on the Nevada Revised Statutes (NRS) and other accurate sources to help you face commercial DUI charges.
What is Commercial DUI in Nevada according to NRS?
The definition of commercial DUI is enclosed at 484C.120. It states there that it is a commercial DUI when a commercial driver is found under the influence of liquor and tested with a blood alcohol concentration (BAC) level of 0.04 or more but less than 0.08. You are also guilty of commercial DUI when you were found positive of the particular BAC level during or two hours after driving a commercial motor vehicle on a highway or other public places. Take note that the BAC levels for commercial DUI is considerably lower than the regular limit which is 0.08.
DUI also means being intoxicated with substances. Similar to alcohol, you have committed a DUI violation when you inhaled, ingested or injected substances that hinders your driving capacity.
When you fall onto or exceed these substance limits, a DUI arrest is definite.
|Urine Nanograms per illiliter
||Blood Nanograms per milliliter
· 6-monoacetyl morphine
|Lysergic acid diethylamide
These rules will all apply if you are a commercial driver using a commercial motor vehicle. But how does NRS define a commercial motor vehicle? To be tagged as a mean of transport used for commercial motor vehicle, the vehicle should have certain factors such as:
- Amounting to a weight rating of 26,001 or more including the towed unit gross vehicle weight rating of more than 10,000 pounds
- Having a weight rating of 26,001 pounds or more
- The ability to carry and transport 16 passengers including the driver and capable to be used as transport for hazardous materials
What are the penalties of a commercial DUI?
Commercial DUI penalties are more or less similar to the ones imposed in a normal DUI case. The only catch is that they can also lose their chances of working again as a commercial driver as a suspension or revocation of a commercial license is given, even in first offense.
Having said that, a first offense within seven years means a misdemeanor and has penalties of:
- Undergoing a Department-approved course about abuse of alcohol and controlled substances which the offender will also pay for
- Imprisonment of not less than two days and not more than six months
- 48 hours to 96 hours of community service
- Fines ranging from $400 to $1,000
A second offense within seven years is still a misdemeanor with heavier sentences such as:
- Attending an alcohol and substance abuse program (refusal to attend will result to another misdemeanor charge)
- Imprisonment of 10 days to six months in jail
- Fines not less than $750 and not more than $1,000
- Community service in exchange for fines
A third offense within seven years is a category B felony and holds penalties of the following:
- Prison term of not less than a year and not more than six years
- Fines of $2,000 to $5,000
Commercial driver’s license suspension is also in order no matter the type of offense. For a first violation, the driver’s commercial license will be suspended for a year. This can increase if the vehicle being driven at the time of DUI is carrying hazardous materials. Now this is where things get devastating. A second commercial DUI in Nevada within seven years is imposed with the complete revocation of the commercial license.
When commercial DUI in Nevada is coupled with other severe factors like homicide, a greater penalty shall be brought down. You can ask your commercial DUI lawyer regarding this matter.
When driving a commercial motor vehicle, there needs to be a proper discipline to avoid casualties that will affect both you and the company you work with.
We know how it is difficult for commercial drivers to be hit with commercial DUI charges. It will take away what could be a stable job and could mean a sentence behind bars. Avoid these consequences by being mindful of company rules and the State’s laws as it really is you that will suffer in the end.