A freind got a dui when driving a car...blew a .04 went to jail
You certainly should find a competent criminal defense lawyer if you are facing a DUI charge. A plea to DUI or admission to a first offender program will result in the loss of your CDL---and a DUI stays on your record for a long time as far as commercial trucking company background checks go. The BAC threshold for ordinary drivers is .08 in PA and the threshold for CDL drivers who are driving commercial vehicles is .04. The DUI law is complex.
In most states, the lower BAC applies only when driving a commercial vehicle. However, the DUI laws are certainly different for CDL holders as you can lose your CDL, and therefore your livelihood, in any DUI case whether you are in a personal or commercial vehicle.
There may also be other evidence. It is illegal to drive while you are impaired by alcohol. The BAC is not the only factor. It is possible to be impaired at a lower BAC. Also, it is possible to impaired by other substances or a combination of substances. A BAC of a certain level creates a presumption (one which may be rebutted) that you are impaired. Certain BAC levels lead to heightened penalties, but it is also possible to be charged and even convicted of DUI when your BAC is below the "legal limit," provided there is other evidence of impairment such as erratic driving, slurred speech, and poor performance on sobriety testing. It is also possible to be acquitted of a DUI charge even if you test above the limit if there is evidence that you were not actually impaired even though there was a relatively high amount of alcohol in your system. That is extremely rare, as there is generally evidence of impairment which necessitated the stop, but it does occasionally happen.
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Ok, so what is your question asker?
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Not in Pennsylvania when you are driving your personal vehicle. However beware, one of the most unfair law on the books in PA. If you are accepted into a ARD program where a license suspension may be reduced to 30 or 60 Days and even if you are driving your personal vehicle, your CDL license will be suspended for one year for a first offense and life time for a second serious offense. Title 75 section 1611. This is fundamentally unfair and should be changed by the law makers.
Good Luck Doug
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