A DUI arrest can result in serious penalties and restrictions on one’s ability to drive. This is even more true for commercial drivers. For a commercial driver, a DUI can threaten your very employment and livelihood.
In some cases, a CDL-based DUI can be expunged, but only in limited circumstances. Our Oklahoma DUI expungement lawyers explain the law below.
Penalties for a CDL DUI Conviction
Commercial drivers are held to stricter standards than ordinary drivers because they drive heavier vehicles and transport more dangerous cargo than ordinary drivers. Accordingly, under Oklahoma law, CDL holders can face DUI-related penalties even when their blood alcohol concentration is below the typical .08% threshold.
In fact, a CDL driver may lose commercial driving privileges after driving a commercial vehicle with a BAC of only 0.04% or higher. They can also face license restrictions or suspensions for refusing chemical testing or receiving a DUI charge in a personal vehicle.
What Is an Expungement in Oklahoma?
An expungement is a legal process that seals certain criminal records from public view. When an Oklahoma record is expunged, employers may no longer have access to the offense during background checks.
However, expungement does not always completely erase the record. Certain government agencies and law enforcement entities may still be able to access sealed information under limited circumstances.
Oklahoma generally recognizes two main forms of expungement. Section 18 expungement is the process for sealing court records. Section 991(c) expungement applies to deferred sentences in some misdemeanor cases. The appropriate form of expungement for a commercial DUI varies based on how the case was resolved.
Expunging a CDL DUI Conviction
A DUI for a CDL driver can be expunged under certain circumstances. Some drivers may qualify if:
- The DUI charge was dismissed
- The driver was acquitted at trial
- The case involved a deferred sentence that was completed successfully
- Enough time has passed after completing the sentence
However, many DUI convictions are not immediately eligible for expungement. Drivers often must wait several years before seeking relief. The waiting period may depend on:
- Whether the DUI was a misdemeanor or felony
- Whether the sentence was completed successfully
- Whether additional criminal convictions exist
- Whether the offense involved injury or aggravating DUI factors
Felony DUI convictions are generally much more difficult to expunge and may require longer waiting periods.
Expungement Does Not Automatically Restore CDL Privileges
Even if a commercial driver successfully expunges a DUI from their record, federal regulations may still limit the driver’s eligibility for CDL reinstatement.
State-level DUI expungements do not override Federal Motor Carrier Safety Administration (FMCSA) rules. Additionally, sealing a criminal record at the state level does not remove the violation from federal transportation databases.
The FMCSA imposes a mandatory one-year CDL disqualification for a first DUI commercial offense. Second offenses typically result in a lifetime revocation of commercial driving privileges (with limited reinstatement possible after ten years).
While expungement may help with a driver’s general employment prospects, it can still be difficult for a driver to obtain commercial trucking insurance for many years due to the multi-year lookback period used by insurers. Therefore, commercial driving opportunities can still be limited even after a reinstated CDL.
Speak With an Oklahoma CDL DUI Lawyer for Help With an Expungement
The expungement process usually requires filing a formal petition with the court. Prosecutors, law enforcement agencies, and other government entities may receive notice of the request and have an opportunity to object.
An experienced Oklahoma DUI defense attorney can help you navigate the expungement process. Your attorney can determine whether you qualify for expungement, and explain how Oklahoma and federal CDL laws may affect your future.
Call Fabian & Young to schedule a confidential consultation to learn more about the expungement process.