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I recieved a dwi a couple days ago i have a cdl i also recieved a dwi 17-18 years ago. can i keep my cdl?

Hagerstown, MD |

i blew .12 I AHVE HEARD MANY DIFFERNT THINGS . i have already spoken with a couple lawyers and ad sent my hearing paper in.. can i keep my cdl?

Attorney Answers 3


  1. You will have to run the gauntlet in order to keep your CDL. You are facing an adminisrative hearing where the MVA will propose a suspension of your drivers license for the alleged .12 breath test result. Assuming you are a Maryland licensed driver, ordinarily, you would be eligible for a restricted license to drive during work. However, if you have a CDL, you may not keep the CDL while your license is restricted as it is considered suspended. In addition, at the criminal trial, even a probation before judgement to the DUI per se charge will result in a 1 year disqualification of your CDL. Therefore you have to win the DUI or have it reduced. You need an experienced attorney who understands all of these issues. If you would like to discuss further, you may contact my office at 410-847-9000 or respond to this e-mail

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  2. Maybe. The final answer depends on many factors - and do not discuss them on this forum as it is neither secure nor restricted from prosecutors. Whether you retain the CDL is very fact specific as to the breath test, the level, were you driving a commercial or private vehicle, etc. Obviously a not guilty is best, other outcomes MAY be ok, but beware. Many attorneys who do not routinely represent and fight DUIs may not be competent in this situation. In the past I have had to unravel the problems created by well meaning attorneys who think that representing CDL is no different than any other DUI; it is. Good luck.


  3. Whether you keep your CDL depends on the outcomes of your criminal case and your administrative hearing MVA.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.

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