by Jay Jurasevich | Jul 27, 2021 | DUI
The driving under the influence conviction on your record can stick with you for a long time. You may be wondering if obtaining a CDL with a DUI on your record is even possible. It is a fair question to ask as well.
Getting a CDL or commercial driver’s license in Arizona is not that easy, to begin with. You must submit specific documents and meet strict requirements. Make a mistake while going through the process, and it may cancel your application as well.
Some drivers might assume that the presence of a DUI conviction on their record will make obtaining that commercial driver’s license next to impossible. But is that the case?
In this article, we will find out how big of an impact that DUI charge can have on your chances of securing a commercial driver’s license. We will also discuss what it means to have a commercial driver’s license and why you need to be careful with it.
Stay tuned if you want to learn more about this important topic.
Applying for a Commercial Driver’s Permit in Arizona
Before you can get your commercial driver’s license in Arizona, you must first obtain a commercial learner’s permit. Applicants will need to pay a set fee depending on what type of permit they want.
Arizona residents hoping to secure a commercial driver’s permit also need to submit several requirements.
First, you must get the appropriate application form. Fill that out and get it ready.
You must then provide some personal documents. Those documents include your Social Security card and something that can serve as proof of your driving experience.
An Arizona resident can use their driver’s license as proof of their experience if they have had it for at least one year. Also note that your one year of driving experience cannot be limited to a motorcycle, according to DMV.org.
You will also need to show documents that confirm your identity, your U.S. citizenship, and the fact that you are a resident of Arizona. There are different documents that you can submit, so let’s break them down further.
Documents to Prove Your Citizenship
Applicants must provide at least two documents that prove that they are a citizen of the United States. One of those two documents should also include a picture of you.
You will need to provide at least one primary document proving that you are a U.S. citizen. Examples of primary documents you can submit include your birth certificate, a certificate of naturalization, a certificate of citizenship, your passport, or your driver’s license.
If you cannot submit at least one document proving your U.S. citizenship that includes your picture, you may need to provide three identifying documents instead.
Any applicant who has changed their name will need to supply additional documentation as proof of that. You can use documents such as your marriage license or a divorce decree for that purpose.
Documents to Prove Your Identity
The same documents that you brought to prove your citizenship can also prove your identity. You do not need to look for other documents.
Documents to Prove That You are an Arizona Resident
You will need different documents to prove that you are an Arizona resident. To fulfill this requirement, you must submit two documents that contain your name as well as your physical residential address in the state of Arizona.
Both of those documents must also come from a business, an organization, or a government agency.
Medical Requirements
Arizona residents who want a commercial driver’s license will need to be medically cleared. To receive that clearance, you will need a Medical Examiner’s Certificate and a Medical Examination Report Form.
You can get your hands on those requirements after paying a visit to a medical examiner. Note that the medical examiner you go to should be a professional listed on the National Registry of Certified Medical Examiners.
Upon receiving your Medical Examiner’s Certificate, you need to submit a copy of that to the Arizona Motor Vehicle Department. That certificate must remain on file with the MVD as long as you’re working as a commercial driver. You will also need to renew the certificate you have on file every two years or even earlier than that in some cases.
After filing your medical documents, you may receive a notice from the MVD indicating that you need to provide additional information. Respond to that notice as soon as possible because your application may get canceled otherwise.
Applying for a Commercial Driver’s License in Arizona
With all the documents submitted and the requirements fulfilled, you can now move to the next step of the application process. You can now go for the commercial driver’s license.
You must pass a skills test before you receive a commercial driver’s license. Take either the test provided by the MVD or go to a third-party company for it. The only important part is to pass the actual test.
Do not only take the skills test right away, though.
You should prepare for it adequately since you are not getting your money back if you fail. Furthermore, you cannot retake the test immediately if you fail. Applicants will have to wait at least two business days before they can repeat the skills test.
Why Was My Application for a Commercial Driver’s License in Arizona Denied?
Hopefully, the process went as expected, and you now have your commercial driver’s license. However, that may not be the case. While evaluating your application, Arizona’s Motor Vehicle Department may have spotted something wrong with it.
For example, they will not give you a license if you lied about your age or included inaccurate information in your application. They will also cancel it if you failed to pay any of the required fees.
Issues related to your driver’s license may also lead to your application being denied. To be more specific, you will not receive a commercial driver’s license if they currently suspended your driving privileges or revoked them.
Will a Previous DUI Charge Complicate Your Application for a Commercial Driver’s License?
Now is the time for us to answer the question posed at the start of this article. Can you get a CDL with a DUI on your record?
The answer to that depends on your status.
A driving under the influence charge carries some significant penalties. If you are found guilty, you could find yourself in jail, hit with a substantial fine, and you may also need to render community work.
On top of all those penalties, the state of Arizona may also suspend your driving privileges. The suspension period for a first-time DUI offense is usually 90 days. If you commit that same violation a second time within seven years, your driver’s license will be suspended for a year.
So, why are we discussing suspension periods for DUI violations? That is because the suspension period could be the biggest hurdle to you obtaining your commercial driver’s license.
Remember that Arizona’s Motor Vehicle Department will deny your application if your driver’s license is currently suspended or revoked. That means applying using your current driver’s license while you are still suspended is an absolute no-no.
Wait until the suspension period has elapsed before you send in your application. The MVD will no longer cite it as a reason to deny your application if you have completed the suspension period.
Should You Mention Your Previous DUI Offense in Your Application?
Let’s assume that you’ve already finished the suspension period for your first DUI offense. With it behind you, there should be no issue when it comes to acquiring your commercial driver’s license, right?
That depends on how honest you are while filling out your application. Make it a point to note in your application that they convicted you of driving under the influence previously.
Provide as much information as you can about that prior violation. You will need to anyway during the application process.
Once again, that old violation should not come back to haunt you as long as you’ve fulfilled the terms of your punishment. The only way that earlier violation can get in your way is if you neglect disclosing it to the MVD.
DUI Violations for Commercial Drivers in Arizona
If you have been driving in Arizona for a while, then you probably know all about their DUI laws.
Drivers found behind the wheel of their car with a blood alcohol level at or above 0.08 percent will be charged with DUI. Register a blood alcohol level at or above 0.15 percent, and you are looking at an extreme DUI charge.
Because of where they set the thresholds, some drivers may still try to get on the road after having a drink or two. They assume that drinking that amount will not be enough for a violation.
Driving after you have had any alcohol is not a good idea. You can never predict what impact alcohol will have on your body. Even if you can avoid getting arrested because your blood alcohol level is not high enough, driving after one drink is still risky.
Motorists with a commercial driver’s license cannot risk getting on the road even after one drink of alcohol. The threshold for a DUI conviction when it comes to commercial drivers is lower.
Registering a blood alcohol level of 0.04 is enough to get you a DUI conviction if you have a commercial driver’s license.
To give you an idea of how low that threshold is, a person who weighs 100 pounds can register a blood alcohol level of 0.04 after a single standard drink, according to VeryWell Mind. Down two standard drinks and you could exceed the threshold for commercial drivers even if you weigh 200 pounds.
The point is you do not need to down a lot of alcohol to pass the legal limit for commercial driving. It is best to steer clear of alcohol if your livelihood is reliant on your driving.
Notification Requirements for Commercial Drivers Convicted of DUI
We have already touched on the penalties that an individual may face after being caught driving under the influence in the state of Arizona. Commercial drivers should know that they have other things to worry about beyond those penalties.
Arizona law requires all commercial drivers to send out notifications to specific parties if they are convicted of a traffic violation.
You must inform your employer within ten days of being convicted. Drivers also must notify the MVD within thirty days of the conviction.
Commercial drivers who neglect that responsibility will be penalized. They will charge them with a class 3 misdemeanor. You could spend thirty days in jail due to your negligence.
Suspension Periods for Commercial Drivers in Arizona
Commercial drivers can get their license suspended if they commit certain traffic violations. DUI violations can be costly.
The first time you drive under the influence as a commercial driver, the state of Arizona will disqualify you from owning a commercial license for at least one year. Get caught drunk driving with a commercial driver’s license a second time, they will disqualify you for life.
Drunk driving is discouraged because it puts you and the people around you in grave danger. Even if you somehow emerge from the drunk driving incident unscathed, you could still lose your livelihood permanently.
Defenses for DUI Violations
A DUI violation will not stop you from getting a commercial driver’s license as long as you abide by the rules. When you become a commercial driver, though, a single DUI offense could upend your entire career.
You need to defend yourself if you are facing an erroneous DUI charge. Partner with a skilled lawyer and question the evidence against you. Highlight any instances where they used a suspect piece of equipment to administer tests or question the testing method itself.
A good lawyer will also highlight any missteps on the part of law enforcement. If they violated your rights, your lawyer would hammer that point consistently.
Contact us at the Schill Law Group if you need a skilled and experienced lawyer to work on your defense. We will fight continuously to ensure that justice prevails in your case.
by Jay Jurasevich | Mar 30, 2021 | DUI
Driving is a privilege, and as such, you need to handle it responsibly and thoughtfully. Taking to the road when you are in no condition to do so is a flagrant abuse of that privilege. Irresponsible drivers could end up incurring a marijuana DUI charge or something similar.
You may be wondering if DUI charges related to marijuana are a real thing. After all, when people hear about DUIs, they immediately think about violations related to alcohol. We’ll be addressing that and many other relevant topics in this article.
Please feel free to read on and learn more about how you could be in violation of the law by driving under the influence of marijuana. The information you pick up here could wind up saving you from legal troubles down the road.
The Legal Status of Marijuana in Arizona
Before we go deeper into DUIs and how they relate to marijuana, let’s take a few moments to go over another topic of importance. To be more specific, let’s talk about the legality of marijuana in the state of Arizona.
In case you missed it, Arizona residents made a huge decision regarding marijuana usage in the state during the last general election. Proposition 207, also known as the Smart and Safe Arizona Act, put forth the initiative to legalize the adult use of marijuana. The proposition also sought to legalize the possession and transfer of marijuana, provided that people follow certain rules.
Once Election Day came, the majority of Arizona residents decided to vote “yes” on Proposition 207, and thus the adult use of marijuana became legal.
With the passage of Proposition 207, Arizona residents over the age of twenty-one can now legally possess, use, and/or transfer up to one ounce of marijuana. Growing your own marijuana plants is legal now, but there are also restrictions placed on that.
The passage of Proposition 207 marks a clear turning point when it comes to how the state of Arizona treats and views marijuana. However, the passage of that proposition does not mean that Arizonans now have carte blanche to use marijuana any way they please. There are still activities related to marijuana that remain outlawed.
Marijuana-Related Activities That Remain Illegal in Arizona
Adults can now legally use marijuana in Arizona, but there are still existing rules limiting the usage. Let’s go over those restrictions so you can avoid violating them.
Smoking Marijuana in Public
If you do intend to use marijuana, you must do so only at home. Using marijuana in a public space is a violation of the law. Officials consider parks and other open areas public spaces.
Selling Marijuana
The sale of marijuana is guarded carefully by the state of Arizona. Even though individuals are now allowed to cultivate their own marijuana plants at home, selling what they grow is another matter altogether.
As of now, only licensed entities are allowed to sell marijuana in Arizona. More specifically, only medical marijuana dispensaries and marijuana establishments can sell those products.
Using Marijuana in the Workplace
The subject of using marijuana in the workplace is tricky because rules can vary from one place to another. Some employers may enact rules that ban the usage of marijuana in the workplace, and that is their right.
Employees must abide by the rules set in their workplace regarding marijuana usage. Failing to do so could lead to them losing their job or potentially facing other legal troubles.
Driving Under the Influence of Marijuana
Arizona is committed to keeping their roads safe for everyone. The state has harsh laws related to driving under the influence to deter everyone from engaging in such a dangerous activity.
It should come as no surprise that driving under the influence of marijuana still remains illegal. According to Arizona law, operating any motor vehicle, boat, or aircraft right after using marijuana is not allowed.
What Constitutes a Marijuana DUI Violation in Arizona?
The threshold for committing a marijuana DUI violation in Arizona is not particularly high. According to the Arizona Department of Transportation, the authorities finding any trace of marijuana metabolites in your body can lead to a DUI violation.
Other states handle DUI violations a bit differently. Many of them will not charge you with violating any drug laws unless the level of marijuana metabolites in your bloodstream exceeds 0.08 percent. In Arizona, you can be cited for a marijuana violation even if the metabolite concentration in your blood is less than that threshold.
What that means is that Arizona residents should avoid using marijuana altogether if they plan on driving anytime soon. Most of the time, marijuana should only remain traceable in your body for about a couple of days. However, there are times when it could linger for a week or even longer than that.
What Are the Penalties for Committing a Marijuana DUI Violation?
Given how committed the state of Arizona is to discourage driving under the influence, you cannot be surprised that they have some harsh penalties. The penalties change depending on whether you are a first-time or repeat offender.
Penalties for the First DUI Violation
The penalties that come with your first marijuana DUI arrest include a jail sentence. At a minimum, you can expect to spend at least ten consecutive days in jail. That jail sentence could also be up to one hundred and eighty days.
You may also need to pay a fine of no less than $1250. Offenders must render community service and receive probation. The probationary period could last for up to five years.
Anyone found guilty of driving under the influence will also attend drug screening, treatment, and education programs. They will also install a certified ignition interlock device in your vehicle.
Lastly, they will suspend your driver’s license after your DUI violation. The suspension period will only last for ninety days if you attend Traffic Survival School. Failing to attend Traffic Survival School will lead to suspension of your driving privileges for one year.
Penalties for the Second DUI Violation
The jail sentence for a second DUI violation carries a heavy minimum. You’re looking at ninety days in jail at the least for that second violation, but that can still go up to one hundred and eighty days.
The fine goes up significantly too. The minimum fine will be set at $3000.
Like before, you will attend drug screening, treatment, and education programs. Community service and probation also remain as penalties.
They will suspend your driver’s license again. This time, the suspension will be a year, and attending Traffic Survival School will not change that.
Penalties for an Aggravated DUI Violation
A person can be guilty of aggravated DUI if they commit a third DUI violation within eighty-four months. Individuals who drive under the influence with a suspended license or with a person under fifteen in the vehicle can also receive charges of aggravated DUI.
The penalties for aggravated DUI are serious. You will still attend drug education, screening, and treatment programs while rendering community service, but there are other harsher penalties.
They will revoke your driver’s license for one year after an aggravated DUI charge. The state will also hit you with an onerous fine. The fine in question here could balloon up to $150,000.
Offenders are no longer looking at jail time. Instead, you will go to prison and receive a sentence of at least four months there. Depending on how the court views your case, your prison sentence may extend up to two years.
An Additional Note about DUI Marijuana Convictions
Although not a direct penalty of your negligent decision, you should know that an offense of that nature will stick with you. The passage of Proposition 207 has made it possible for individuals to erase various marijuana violations from their records. Possessing, using, and growing marijuana are examples of previous violations they can delete.
Those who are guilty of driving under the influence will not have that same opportunity. The error they made will stay on their record permanently.
Considering the effects of having any blemish on your record, you should think twice about driving your vehicle under the influence of marijuana. That risk is not worth taking.
How Do You Fight against a Potential Marijuana DUI Charge?
After being cited for a potential marijuana-related DUI violation, you may be coming up with ways to defend yourself. At that point, your most effective defense is to prove that you are a qualified medical marijuana patient.
It’s important to note here that you can use the medical defense if prescribed by a doctor. A recommendation is not the same thing as a prescription, so you can still get in trouble if the former is the only thing you have.
But what if you are not a medical marijuana patient? What can work as your defense in that scenario?
You should call a lawyer at that point. A lawyer can help by casting doubt on the legitimacy of the drug test results. They can request to have the sample retested in a bid to prove your innocence.
If you truly were not driving under the influence of marijuana at the time, a second test should provide a result that conflicts with the earlier false positive. Your lawyer can then use that other test result to demonstrate that it was the test that made an error and not you.
A lawyer could also suggest that the sample used in your case was tainted. If that is proven, then the DUI charge against you will look flimsy.
In any case, you should get in touch with a lawyer as soon as possible if you receive a DUI violation. Suspected DUI violators are usually allowed to contact a lawyer as soon as they’re in custody.
Can You Refuse to Take a Drug Test After Being Pulled Over?
Arizona operates under the Implied Consent Law, and that makes a big difference in DUI cases. You might have assumed that refusing a drug test is allowed, but that is not the case in Arizona.
After you get your Arizona driver’s license, you automatically consent to any alcohol or drug tests while you’re operating your vehicle. Technically, you can still refuse the test, but that will lead to you facing stiff penalties.
For instance, they will instantly suspend your driver’s license after you refuse the test. Refusing the test once will lead to a suspension for at least a year. If you refuse a second time, your suspension will be for two years.
On top of that, you must complete a drug screening program before you become eligible to have your driver’s license reinstated. Completing that program will be necessary if you want a restricted driving permit.
Can You Be Charged with a Crime for Using Marijuana in Your Vehicle?
One last thing to note here is that you can be charged with a crime if you used marijuana while you were inside your vehicle. It doesn’t matter whether you were driving the vehicle or not. As long as there’s proof that you used marijuana inside your vehicle, you can be charged with a crime.
If you intend to use marijuana, do so only while inside a private residence. Nothing good can come out of using marijuana elsewhere unless you have a medical exemption.
Marijuana DUI violations carry heavy penalties, and they can also stay with you for the rest of your life. Don’t sit idly by if you are staring at a mistaken DUI charge. Contact us at the Schill Law Group and allow us to help you prove your innocence.