In Nevada, a Commercial Driver’s License (CDL) is required to drive a Commercial Motor Vehicle (CMV). A commercial motor vehicle is defined in Nevada as any motor vehicle:
- With a Gross Combination Weight Rating (GCWR) of 26,001 lbs. or more, which includes a towed unit with a GCWR of 10,000 lbs. or more
- With a GCWR of 26,001 lbs. or more
- Is designed for 16 or more passengers including the driver
- Is of any size and is used to transport hazardous materials that require placarding
This includes most large trucks, busses, or shuttles. For a more technical description of the definition of a commercial vehicle, and licensing requirements, refer to the Nevada Commercial Driver License Manual available on the Nevada DMV website.
Lowered DUI limits for CMV drivers (NRS 484C.120)
Most rules of the road are the same for CDL license holders. The primary exception is that a driver of a CMV will be charged and arrested for a DUI if the driver’s Blood Alcohol Concentration (BAC) is greater than .04, which is half the limit for a driver of a non-commercial vehicle.
Increased DUI Penalties for CMV drivers
While sentencing for a DUI is the same for a CDL holder, the additional penalty is that the CMV driver will lose their CDL if convicted for a DUI while driving a CMV.
A first offense DUI in Nevada is considered a misdemeanor and carries a penalty of:
- Two days to six months in jail, or 48 to 96 hours of community service,
- $400 to $1,000 fines,
- Requirement to attend a Victim Impact Panel,
- Nevada DUI School,
- Possible substance abuse program, and
- 90-day suspension of non-commercial license.
Additionally, a first-time commercial DUI conviction will result in a one-year suspension of driver’s CDL, unless the driver was carrying hazardous materials, which results in a three-year suspension of the CDL.
A second commercial DUI conviction within 7 years is considered a misdemeanor and will result in:
- 10 days to 6 months in jail,
- $750 to $1,000 fines,
- Requirement to attend a Victim Impact Panel,
- Nevada DUI School,
- Possible substance abuse program, and
- One-year suspension of non-commercial license.
A second commercial DUI conviction within seven years will result in a lifelong revocation of the driver’s CDL.
If injury or death resulted from the commercial DUI it can be considered a Category B felony with sentencing of:
- Two-20 years in state prison,
- $2,000-$5,000 fines, and,
- Possible suspension or revocation of non-commercial driver’s license.
Ticket Busters can defend you if charged for DUI while driving a Commercial Motor Vehicle
While the penalties for a commercial DUI are harsh, and the legal territory is complex, Ticket Busters will aggressively represent you to have charges reduced or dropped. If you are a CDL holder and were charged with a DUI while driving a Commercial Motor Vehicle, call us today to discuss your case at (702) 666-6666.
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