|
ARD will cause loss of CDL for one year |
|
|
|
|
In a case decided on April 27, 2007, the Commonwealth Court ruled that acceptance into and completion of ARD for a DUI case disqualified an individual from holding a commercial driver's license (CDL) for a year, even though the suspension of his personal license was only for 30 days and even though the DUI offense occurred using a personal vehicle and not a commercial vehicle.
This case, Wagner v. Commonwealth, 1648 C.D. 2006, confirms what attorney Joseph Gothie has long told clients with CDLs: a DUI charge, even if you get ARD, will result in the loss of your CDL for at least a year, even if you get accepted into and complete ARD. In addition, if you are convicted of a second DUI, even if you received ARD on the first and had your record expunged, you will be permanently disqualified from holding a CDL pursuant to a federal mandate contained in the Motor Carrier Safety Improvement Act (MCSIA). Vigorously contesting a DUI charge is incredibly important, especially if you are a commercial driver.
For a free, no-risk consultation, call Attorney Joseph N. Gothie at (717) 848-8455.
|
Recent Successes