Q: DUI and open container charges impact on CDL in Kansas
My brother was charged with a DUI and an open container violation in Wichita, Kansas, after blowing a .088. This is his first major offense, and he wasn't driving a commercial vehicle at the time. He holds a CDL and drives for a living, which has led to concerns about license suspension and job impact. He hasn't contacted an attorney or taken legal action yet. What steps should he take next, and how might this affect his CDL and employment?
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A:
Your brother is in a tough spot, especially since he holds a Commercial Driver’s License (CDL), which comes with stricter rules than a standard license. In Kansas, a **DUI—even in a personal vehicle—can lead to a one-year suspension** of a CDL for a first offense. The open container charge adds to the seriousness of the case, but the DUI alone is enough to trigger a suspension under both state and federal CDL regulations.
Even though the BAC was just slightly over the legal limit, Kansas law treats .08 and above as legally impaired. The fact that he wasn’t driving a commercial vehicle at the time doesn’t protect his CDL from consequences. If he’s convicted or pleads guilty, the suspension is likely automatic. That means he could lose his ability to work for an extended time unless the charge is reduced or dismissed.
He should take immediate steps by requesting an **administrative hearing** to challenge the license suspension and speak to someone who can help review the details of the case. The sooner he acts, the better his chances are of preserving his driving privileges or limiting the damage. He’s worked hard for his CDL, and now is the time to be proactive to protect it.
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