Commercial Driving (CDL) Under the Influence (DUI) – NRS 484C.120

CDL DUI Overview

Under Nevada Revised Statute (NRS) 484C.120, driving a commercial vehicle under the influence of alcohol or drugs is a serious offense that carries significant penalties. This statute is designed to ensure the safety of all road users, as commercial drivers operate larger and often heavier vehicles that can cause more damage in accidents. The law sets strict standards for commercial drivers regarding alcohol and drug use, recognizing their responsibility to operate their vehicles safely.

Elements of the Offense

To secure a conviction for commercial DUI under NRS 484C.120, the prosecution must prove the following elements beyond a reasonable doubt:

1. Commercial Vehicle Operation: The accused must have been driving a commercial motor vehicle (CMV) at the time of the offense. This includes vehicles such as trucks, buses, and other vehicles designed for commercial use.
2. Blood Alcohol Concentration (BAC): The accused must have a BAC of 0.04% or higher while operating a CMV. This is a lower limit than the standard BAC of 0.08% for non-commercial drivers, reflecting the heightened responsibility of commercial operators.
3. Influence of Drugs or Alcohol: The prosecution must establish that the accused was under the influence of alcohol, drugs, or a combination of both to the extent that their ability to operate the vehicle was impaired.

Related Offenses

Commercial DUI is related to several other offenses, including:

• Driving Under the Influence (DUI) – NRS 484C.110: This pertains to non-commercial DUI offenses.
• Open Container Violations – NRS 484B.150: Involves having an open container of alcohol in a vehicle.
• Reckless Driving – NRS 484B.653: Driving with a willful disregard for the safety of persons or property.

Examples of Commercial DUI

Understanding how NRS 484C.120 applies can be clarified through specific examples:

• Example 1: A truck driver consumes alcohol at a bar during a break and then drives their truck back to the depot with a BAC of 0.06%. If stopped by law enforcement, this driver could face charges of commercial DUI.
• Example 2: A bus driver takes prescription medication that impairs their ability to drive safely. If they are pulled over and exhibit signs of impairment, they could be charged under NRS 484C.120, even if their BAC is below 0.04%.

Defenses to Commercial DUI

Defending against charges of commercial DUI may involve several strategies:

1. Improper Stop: If the traffic stop was conducted without probable cause or in violation of the driver’s rights, the evidence obtained may be inadmissible in court.
2. Inaccurate BAC Testing: Challenging the accuracy of breath or blood tests can be a viable defense. This can include questioning the calibration of testing equipment or the qualifications of the personnel administering the tests.
3. Lack of Impairment: If the defendant can demonstrate that their ability to drive was not impaired despite the presence of alcohol or drugs, this may help to refute the charges.
4. Medical Conditions: Certain medical conditions may affect BAC results or behavior. Providing evidence that a medical condition contributed to perceived impairment can be a defense strategy.

Potential Penalty for Commercial DUI

The penalties for commercial DUI under NRS 484C.120 can be severe:

• First Offense: A first-time offender may face up to 6 months in jail, fines ranging from $400 to $1,000, and a minimum 90-day suspension of their commercial driver’s license (CDL).
• Subsequent Offenses: For a second or subsequent offense, penalties increase significantly. Offenders may face longer jail sentences, higher fines, and longer license suspensions.
• Impact on Employment: A DUI conviction can lead to the loss of a commercial driver’s license, which directly affects the individual’s ability to work in their chosen profession.

The Impact of a Conviction

A conviction for commercial DUI can have lasting effects on an individual’s life. Beyond the immediate legal penalties, individuals may face job loss, increased insurance rates, and damage to their professional reputation. The stigma associated with DUI offenses can also impact personal relationships and future employment opportunities.

Criminal Defense for Commercial DUI

If you are facing charges of commercial DUI under NRS 484C.120, it is crucial to seek legal representation from an experienced criminal defense attorney. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling serious criminal cases, including DUIs, equips him to provide a robust defense.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of his clients and his deep understanding of Nevada’s legal system make him a strong advocate in commercial DUI cases.

For more information about defending against commercial DUI charges in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.