In North Carolina, pending review of the Supreme Court, there may be a drastic change in the laws regarding CDL license holders who are being charged with driving while intoxicated (DWI). The case calls into question the discrepancy regarding length of license suspension for CDL holders, and length of license suspension for standard state licenses.
Currently, a suspension for CDL license holders is one year, while the length for standard NC state license holders is 30 days. Further, the DMV may revoke the license of a CDL holder regardless of whether or not the person was driving a commercial vehicle at the time of the charge. However, the North Carolina Appeals Court has ruled that although the 12-month revocation period is a civil punishment, the length of the period is so punitive it becomes a criminal punishment. So, it should be afforded the heightened level of due process afforded to a criminal penalty. And this also may be a double jeopardy (tried twice for the same crime) type of situation.
Courts around the state are permitting stays for cases that involve DWI charges for CDL license holders, meaning that if the NC Supreme Court decides that it is double jeopardy to try a CDL holder for DWI, then the cases would have to be dismissed. The problem courts are having is that they do not know whether to follow the appellate decision or wait for a Supreme Court holding.
