CDL DWI in Missouri
Are you a commercial driver’s license (CDL) holder who was recently arrested for CDL DWI in Missouri? Your freedom, license, and future are at risk if you get convicted. Put a St. Louis CDL DWI lawyer on your side with deep knowledge and a proven track record in protecting legal rights, developing case strategies, and fighting for favorable resolutions.
Attorney Anthony “Tony” Bretz of Bretz Legal, LLC has defended people charged with DWI in St. Louis, St. Charles, Jefferson, and Franklin Counties for nearly two decades and handles every case directly. He will work tirelessly to get you back on the road so that you can keep supporting your family.
Learn more about your situation and how he will defend you.
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Bretz Legal Defends Tough CDL DWI Charges in Missouri
A DWI arrest can negatively affect commercial drivers in several ways, regardless of whether you were driving in a personal or professional capacity. Under RSMo § 302.755 and 49 CFR § 383.51, a first-time DWI conviction or an administrative chemical test refusal/failure in any vehicle will result in a 1-year CDL disqualification. However, an arrest does not mean you’re guilty of a crime; you still have a chance to fight your charges.
Our CDL DWI lawyer at Bretz Legal defends commercial drivers after an arrest, including:
● Truck drivers
● Bus drivers
● Delivery drivers
● Municipal drivers
● Construction vehicle operators
● Long-haul freight drivers
● Local trade drivers
● Out-of-state CDL holders
● Other CDL holders
He represents these individuals arrested for alleged drunk or drugged driving in a commercial or personal vehicle, for refusing a blood or breath test, and for repeat offenses. Tony will review the facts and circumstances of your case from a legal and forensic standpoint. He will use his findings to devise a case strategy so that you don’t end up paying for a crime that remains unproven.
Why a DWI Hits Commercial Drivers Harder
The law triggers two sets of rules on a DWI arrest for a CDL holder: Missouri DWI law and federal commercial driver regulations. Therefore, a breath or blood test result that's acceptable for a regular driver at 0.08 percent or more can still cost you your CDL if you were at 0.04 percent or more, so your defense has to account for both from day one.
Federal "anti-masking" rules prohibit Missouri from hiding CDL arrests, suspensions, and convictions in any vehicle per 49 CFR § 384.226. A suspended imposition of sentence (SIS), a form of probation that avoids a conviction for most people, counts as a conviction for CDL disqualification. So every plea offer has to be weighed against its impact on your professional license, not just your criminal record.
A DWI Conviction Can Cost You Your Entire Career
The CDL consequences of a DWI are often more long-term than the criminal penalties alone. While you might face fines, jail time, and probation post-conviction, a first-time offense carries a maximum jail sentence of 6 months. Therefore, the impact of losing your CDL through disqualification is much longer than the harshest jail sentence Missouri judges can order.
Here's what CDL disqualification in Missouri looks like under state law and FMCSA rules.
Offense (any vehicle unless noted) | First Offense | If Hauling Placarded Hazmat | Second Offense |
DWI (alcohol or drugs) | 1-Year Disqualification | 3 Years | Lifetime |
|---|---|---|---|
Refusing a chemical test | 1-Year Disqualification | 3 Years | Lifetime |
BAC of 0.04% or more (CMV only) | 1-Year Disqualification | 3 Years | Lifetime |
A second offense means any two DWI convictions, even from separate incidents, whether in a commercial motor vehicle (CMV) or your own car. However, some lifetime-disqualified drivers can apply for reinstatement after 10 years, but that is still a decade taken from your career that you can never get back, so it is critical to fight your charges.
Here are a few other penalties, negative impacts, and consequences that a CDL holder can face after a DWI in Missouri, even for a first-time offense:
● A Class B Misdemeanor in your background
● Between one day and six months in jail per RSMo § 558.011
● Up to $1,000 in fines per RSMo § 558.002
● Up to two years of probation
● Between 40 and 50 hours of community service
● CDL disqualification
● Employment issues
● Housing issues
● Increased insurance costs
● Substance Awareness Traffic Offender Program (SATOP) attendance
Federal rules require you to notify your employer in writing within 30 days of a conviction for almost any traffic offense, including a DWI, in any vehicle. You will also have to report any notices you receive related to a license suspension, revocation, or disqualification.
How Our CDL DWI Lawyer Might Defend Your Charges
Tony’s goal is to protect your career, future, and freedom. With nearly 20 years of trial experience, his training and background as a CDL DWI lawyer in the St. Louis area have allowed him to cultivate a strong reputation for service and results.
Bretz Legal delivers on the following promises if you decide that our legal team is right for your case:
• One lawyer on both cases, start to finish. Your case won’t be handed off to another attorney or support staff member. Tony handles your DWI case and license case directly.
• A hard look at the stop and arrest. Tony reviews why you were pulled over and what the officer reported. If the stop or arrest wasn't legal, that information will become part of your defense.
• Testing the tests. Breath machines must be maintained and operated correctly, blood samples handled properly, and field sobriety tests administered and scored correctly. Tony reviews the records and video for errors.
• Ongoing advice and counsel. Before you accept or reject any offer, Tony walks you through what it would mean for your license, job, freedom, and record. Everything will be explained to you in simple terms through a CDL DWI lawyer’s lens.
• A plan built around your career. Whether the right path is a hearing, negotiation, or DWI trial, your strategy starts with your goal of continuing to drive for a living.
Schedule a Free Consultation With Our CDL DWI Lawyer
You may have as few as 15 days to request a hearing on a suspension, or 30 days to challenge a refusal revocation. If you miss that deadline, you automatically lose your right to drive, regardless of what happens in your criminal case.
If you're looking for an experienced, knowledgeable, and tenacious CDL DWI lawyer in the St. Louis area, Tony Bretz will help you fight your criminal charges and defend your driving privileges. Call Bretz Legal at (314) 748-1770 or send a confidential message to schedule your Free Consultation.
CDL DWI in Missouri: Frequently Asked Questions (FAQs)
Do you have more questions in general about CDL DWIs in Missouri? We have addressed a few common questions below. However, for personalized legal advice, always speak directly with a CDL DWI lawyer.
How long will I lose my CDL for a first DWI?
A first DWI conviction usually brings a one-year CDL disqualification, or three years if you were hauling hazardous materials that required placards. That's separate from any suspension of your regular license, and it's often longer. A second disqualifying offense can result in a lifetime disqualification.
Can I get a limited driving privilege to keep driving my truck?
No, you cannot get a limited driving privilege to keep driving your truck. Missouri law does not allow a limited driving privilege to cover a commercial motor vehicle while your license is suspended, revoked, or disqualified. If you're otherwise eligible, you may be able to get one for your personal vehicle to get to work, to attend medical appointments, or to care for your family.
Do I have to tell my employer about a DWI?
Yes, you have to tell your employer about a DWI. Federal rules require CDL holders to notify their employer in writing within 30 days of a conviction for any traffic violation other than parking, in any vehicle. If your license is suspended, revoked, or disqualified, you must notify your employer by the end of the next business day after you receive the notice.
St. Louis CDL DWI Lawyer
Have a CDL and recently arrested for a DWI in the St. Louis County, St. Charles County, or Jefferson County areas? Don't wait, call us now for a Free Consultation: 314-748-1770.