Kansas DUI Law & CDL
Generally, in the state of Kansas, a driver will be charged with DUI (driving under the influence) of drugs and/or alcohol if his or her BAC (blood alcohol concentration) is .08% or greater. However, there are different standards and guidelines put in place for those who drive commercial vehicles and hold commercial licenses.
In the state, a commercial driver will be charged with DUI for having a BAC of .04% or greater. The driver will be disqualified from driving a commercial vehicle in addition to other criminal and/or administrative penalties. A first offense is a one-year disqualification in addition to a suspension of the driver's regular license. A second DUI offense will result in a lifetime disqualification of the commercial driver's license.
If the driver refuses to submit to a breath or other chemical test in order for the officer to evaluate the driver's BAC, or the driver submits to the test and it results in a BAC of .08% or greater, the individual's general driving privileges may be suspended or suspended and restricted. This is in addition to the driver being disqualified from driving a commercial vehicle along with any additional criminal and/or administrative penalties.
In Kansas, a “commercial motor vehicle” is defined as a motor vehicle that is designed or used to transport passengers or property, if:
- The vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating, as determined by rules and regulations adopted by the secretary, but shall not be more restrictive than the federal regulation;
- The vehicle is designed to transport 16 or more passengers, including the driver; or
- The vehicle is transporting hazardous materials and is required to be placarded.
Missouri DWI Law & CDL
The state of Missouri has similar guidelines relating to commercial drivers. Here, the law states that it is unlawful for an individual to:
- Drive a commercial motor vehicle in a “willful or wanton” disregard towards people or property;
- Drive a commercial motor vehicle with a BAC of .04% or greater; or
- Drive a commercial motor vehicle under the influence of certain controlled substances.
Generally, these violations will be charged as Class B misdemeanor. This type of misdemeanor is punishable by a fine for as much as $500 and jail sentence for as much as six months.
Missouri statutes define “commercial motor vehicle” as a motor vehicle that is designed or regularly used for carrying freight and merchandise, or more than 15 passengers.
In Missouri, any driver with a Class A, B, or C Commercial Driver License is automatically licensed to operate both commercial and noncommercial vehicles. However, if the driver commits an offense that includes suspension or revocation of the license, the driver will lose all driving privileges - commercial and private. If the driver is eligible to receive a type of restricted license during his or her suspension, this privilege will not include commercial vehicles.
Should You Contact an Attorney?
If you have been charged with violating commercial driving laws in either Kansas or Missouri, it is best to work with an experienced defense attorney who is located in your area. Do not hesitate to call the McLane Law Firm to schedule a consultation.