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CDL VIolation lawyer in wisconsin

Wisconsin CDL violation defense lawyer

In Wisconsin, to obtain a commercial driver’s license (CDL) you must pass
a knowledge test and driving skills test to demonstrate your abilities as a
capable driver. According to Wisconsin law (
343.03(3)(b)),
you must hold a CDL to operate a “Class A”, “Class B”, or “Class C” vehicle. To
continue to hold a CDL, you are held to higher standards than a non-commercial
driver. Thus, making it essential to have a clean driving record and minimal traffic
violations to avoid disqualification.

 CDL disqualification consequences

There are severe consequences that come with disqualification of your CDL because you rely on your license for employment. So, if your CDL is disqualified, you can no longer work, and you may be forced to find a new job. When your CDL is no longer disqualified, some places of employment may be hesitant to hire you given your unreliable past.

OWI with a CDL

The most common violation that could lead to disqualification of your CDL is Operating While Intoxicated (OWI) which can occur from drunk driving in your commercial or non-commercial vehicle. When driving a non-commercial vehicle, the PAC (prohibited alcohol content) is 0.08. However, when you are operating your commercial vehicle, you are held to a stricter standard and if you have a BAC of 0.04 or higher, you could face OWI charges and be subject to a one-year CDL disqualification. Read this blog post for more information about recent changes to OWI laws and lowering the BAC for CDL drivers.

Time to appeal

You only have 10 days after your OWI arrest to appeal your administrative license suspension imposed by the Wisconsin Department of Transportation (DOT). In order to successfully appeal, it is essential to have an experienced lawyer on your side.

Our Promise

Our law firm will review any misdemeanors charged in your case, explain what those charges mean, and advise you on your best legal options. Contact us today to schedule a consultation and get the best representation you need in your unique circumstances.

Traffic Violations that can lead to CDL disqualification

Two of the following traffic violations in your commercial or non-commercial vehicle within 3 years will result in a 60-day disqualification of your CDL. If you committed three of the following violations within 3 years, then your CDL will be disqualified for 120 days.

  • Reckless driving
  • Speeding 15 miles per hour or more over the speed limit
  • Illegal passing
  • Illegal lane changes
  • Usage of a cellphone while driving
  • Causing a fatal motor vehicle accident
  • Following too closely
  • Failure to report an accident

Violations in your commercial vehicle that lead to CDL disqualification

To retain your CDL and continue to stay employed, it is important to hire an experienced traffic attorney to combat your traffic violation tickets. What may be viewed as small mistakes on the road can add up quickly and result in severe professional employment problems. An experienced attorney will work to fight your traffic violations and work to lessen the charges to a ticket that doesn’t count against your CDL or get it amended to a non-moving violation.

Railroads

In addition, if you commit railroad-crossing violations while driving your commercial vehicle such as failure to slow down to ensure tracks are clear before crossing, failure to stop when tracks are not clear, or disobeying traffic signals at railroad crossing, you will face disqualification of your CDL. Your first violation will result in a 60-day CDL disqualification, a second will result in a 120-day CDL disqualification, and a third will result in a one-year CDL disqualification.

OWI

An OWI is the most common offense that leads to your CDL being disqualified. When driving a non-commercial vehicle, the PAC (prohibited alcohol content) is 0.08. However, when you are operating your commercial vehicle, you are held to a stricter standard and if you have a BAC of 0.04 or higher, you could face OWI charges and be subject to a one-year CDL disqualification

Traffic Tickets

While a traffic violation like lane deviation may seem like ‘just a ticket’ if you receive another traffic violation in you commercial or non-commercial vehicle from the list earlier then your CDL is disqualified for 60 days.

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