In the process of saving a CDL from being disqualified, the impaired driving attorneys at GRL exposed a potential flaw in the implied consent advisory for commercial motor vehicles.
The advisory provides that commercial driving privileges will be disqualified if the drivers tests over 0.04 for alcohol or refuses testing while operating a CMV.
However, it says nothing about a DQ for a positive urine test.
So, is a commercial driver’s decision to consent to urine testing reasoned and informed under the circumstances? We think not.
As a result, we were able to not only suppress the urine test, but also convince the State to dismiss the charge of OWI, which preserves our client’s CDL and livelihood.
That is a win win!