The lead has a Maryland CDL (commercial driver’s license) Class B. She was pulled over for a DUI in Baltimore County while driving her personal vehicle. The lead had a BAC of 0.19.
The lead was concerned about the effect a DWI would have on her Maryland CDL Class B.
Just like any Maryland DUI with BAC of 0.19, the lead’s license is going to be suspended by the MVA for a period of 90 days.
One possible modification is to ask the MVA to allow her to put the interlock on her personal and commercial vehicles for a period of 1 year. In order to install the interlock on an employer’s commercial vehicle the lead needs the employer’s permission. Unfortunately, the interlock is not an option for this lead because her employer isn’t going to allow her to put an interlock on their commercial vehicle – a bus. In this scenario the lead could ask the MVA for a work exemption, which would allow her to driver her personal vehicle with the interlock for a year and her work vehicle without the interlock.
So, unless you win your MVA hearing, put the interlock on your vehicle and commercial vehicle, or receive a work exemption, the lead is stuck with a 90-day suspension of her CDL.
Here’s where things get tricky.
It is imperative that the lead be found not guilty of DUI in court. If the lead is found guilty of the DUI, then the lead’s CDL will be suspended for 1 year by the MVA.
If the lead is found guilty of the Baltimore DWI, then nothing should happen to her CDL. Sometimes the MVA will send you a letter advising your license is suspended, so you have to request another hearing and explain to the MVA their error.
What really gets people is that for the purposes of the MVA, a guilty finding includes probation before judgment (PBJ). Remember, a PBJ is not a finding, but the MVA treats it as such.
As you can see, Baltimore DUIs are a two-headed monster: the courts and the MVA. In this lead’s case, the real issues are the ramifications of the MVA on her CDL.