Every state has an implied consent law. By driving, you agree to submit to a chemical test if lawfully arrested for DUI. For CDL holders, refusing is costly.
Refusal is a major offense
Under 49 CFR 383.51, refusing an alcohol test required by state implied consent law is a major offense. A first refusal brings at least a one year disqualification (three years with placarded hazmat), and a second major offense brings a lifetime disqualification.
Administrative penalties start fast
A refusal often triggers an administrative license suspension right away, before any criminal case is decided. Hearing request deadlines can be very short.
Roadside screening vs evidential tests
States treat preliminary roadside breath tests and post arrest evidential tests differently. Your paperwork will say which one you are accused of refusing, and that detail matters. An attorney who handles CDL cases can explain how your state treats it.
Document every stop
ProtectionDual Dash Cam for Trucks
Front and cab footage can document a stop or crash exactly as it happened.
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SafetyFuel Cell Breathalyzer
A more accurate personal check than cheap sensor models. Useful for drivers held to a 0.04 limit and the four hour rule.
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ComplianceFMCSR Pocketbook
The federal trucking rules in a cab sized book, including Parts 382, 383 and 392.
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CommercialDUI.com is an independent information resource for commercial drivers. We are not a law firm and nothing on this site is legal advice. Laws change and vary by state, so confirm details with your state licensing agency or a licensed attorney.