How Illinois’ Implied Consent Law Impacts CDL Drivers

Due to the complexity of operating commercial motor vehicles, CDL drivers face more stringent rules and regulations, including under Illinois’ implied consent law. CDL drivers who violate this law may face significant consequences.

Understanding Illinois’ Implied Consent Law

Illinois’ implied consent law deems any person who drives or exercises physical control over a motor vehicle on a public road to have given consent to submit to a breath, blood, or urine test for alcohol or drugs following a DUI arrest. The law imposes administrative penalties upon any driver who refuses a chemical test requested by police after a DUI arrest.

How the Law Affects CDL Drivers

The implied consent law applies to both commercial drivers and drivers of personal vehicles. As a result, a CDL holder arrested for DUI must submit to a breath, blood, or urine test upon request by the police. Commercial drivers may face arrest for DUI upon probable cause to believe that a driver has a BAC of 0.04 percent or more. Commercial drivers who refuse testing in violation of the implied consent law may face various penalties and consequences.

Penalties for Commercial Drivers Who Refuse Testing

Commercial drivers who refuse testing after a DUI arrest may receive various penalties. A first refusal of chemical testing will result in an immediate 12-month suspension of driving privileges; subsequent refusals may result in an automatic suspension of three years. Furthermore, a CDL holder who refuses chemical testing will receive an automatic disqualification of their privilege to operate a commercial vehicle, even when arrested while driving a personal vehicle.

Contact a DUI Attorney Today

By understanding Illinois’ implied consent laws, you’re better able to protect your rights and interests as a commercial driver. Contact Madelyn Daley & Associates today for a confidential consultation with our team to learn more about your options.