Commercial Motor Vehicle Offenses

Commercial motor vehicle (CMV) drivers face harsher penalties for both Tennessee traffic tickets and other criminal offenses when such offenses are committed in a commercial motor vehicle such as a tractor-trailer (also known as a semi-trailer truck, an eighteen wheeler or a “big rig,” among other nicknames).

Driving Under the Influence in a Commercial Motor Vehicle

To be found guilty of a Tennessee DUI in a Commercial Motor Vehicle, the prosecution must establish beyond a reasonable doubt that the person was: (1) operating or in physical control of (2) a commercial motor vehicle on (3) any public road, highway, alley, parking lot, or any other premises generally frequented by the public while (4) under the influence of alcohol or drugs (illicit or prescription drugs), or with a blood alcohol content of .04% or higher.

The penalties for Driving Under the Influence in a Commercial Motor Vehicle are the same as those for a DUI committed in a non-commercial motor vehicle, except for the driver’s license revocation penalty. If convicted of a Tennessee CMV Driving Under the Influence offense, the person’s CMV license is revoked for one year and the person is prohibited from obtaining a restricted driver’s license during that period. The penalty is more severe if convicted of a second DUI offense anytime within the driver’s lifetime. Upon the second conviction, the person’s Commercial Motor Vehicle driver’s license is revoked for life. Interestingly, these license consequences apply even if the CMV driver’s license holder committed the Tennessee DUI offenses in a non-commercial motor vehicle.

Commercial Motor Vehicle Driver’s License Penalties

A CMV driver’s license holder may also be subject to more serious driver’s license penalties if convicted of other Tennessee traffic violations or Tennessee criminal offenses, as reflected in the chart below.

CMV Revocations for Tennessee Criminal Offenses

CMV Revocations for Tennessee Traffic Violations

Tennessee Department of Safety – Traffic Violation Points for a CMV driver

The Tennessee Department of Safety may suspend your Tennessee commercial driver's license if you accumulate twelve (12) or more points within a one (1) year period. If you are a Tennessee commercial driver licensee, you are entitled to a hearing before your driver's license is suspended; however, you must request a hearing within a specified period of time. Steve and Sara can often assist you in avoiding Tennessee commercial motor driver's license suspension. However, to ensure the best possible result, you should contact our law office in Knoxville, Tennessee immediately. For more information on Tennessee commercial driver's license suspension, visit the Tennessee Department of Safety web site.

Tennessee Traffic Tickets (Note: The following list does not include all traffic violations, including those committed in a CMV while hauling hazardous material). If your violation is not listed, visit the Tennessee Department of Safety website.

Tennessee Speeding Tickets in a Commercial Motor Vehicle

Speed not Indicated 4

Speeding 1-5 MPH over speed limit 2

Speeding 6-14 MPH over speed limit 4

Speeding 15-25 MPH over speed limit 5

Speeding 26-35 MPH over speed limit 6

Speeding 36-45 MPH over speed limit 7

Speeding 46+ MPH over speed limit 8

Construction zone - No Speed Indicated 5

Construction zone - 1-5 MPH over speed limit 3

Construction zone - 6-14 MPH over speed limit 5

Construction zone - 15-25 MPH over speed limit 6

Construction zone - 26-35 MPH over speed limit 7

Construction zone - 36-45 MPH over speed limit 8

Construction zone - 46+ MPH over speed limit 9

Other Point Assignments for CMV Traffic Tickets in Tennessee

Reckless Driving 7

Improper Passing 4

Improper or Erratic Lane Change 5

Failure to Obey Traffic Signal 4

Driving Wrong Way 4

Following Improperly 4

Failure to Yield 4

Improper Turn 4

Failure to Signal 3

Careless or Negligent Driving 5

Miscellaneous Tennessee Traffic Violations 3

WHAT SETS US APART

• Board Certified in DUI Defense: Steve Oberman is the only lawyer in Tennessee to be recognized as a Certified Specialist in the area of DUI Defense Law by the Tennessee Commission on Continuing Legal Education and Specialization, and by the National College for DUI Defense, Inc.

• Don’t Hire Us To Plead Guilty as Charged: We are interested in actively defending those accused of DUI—not pleading you guilty as charged.

• Personalized Attention for Our Clients: Steve and Sara limit the number of cases they select to ensure our clients receive the special attention they deserve.

• We Use a Team Approach with Every Case: Although you hire only one lawyer as lead counsel, our lawyers and investigator collaborate together on defense strategies for each case.

• Highest Peer Review Ratings: Martindale-Hubbell® has bestowed the firm with the highest rating for law firms. Both Steve and Sara have achieved the 10.0 (Superb) rating from www.avvo.com. Steve has been selected as a Mid-South Super Lawyer® in the area of DUI/DWI defense since 2006, while Sara has been named a "Rising Star" by Mid-South Super Lawyers® in the area of DUI/DWI defense.

• Our Practice is Devoted to DUI or Related Cases: Because the severe consequences one faces when accused of driving under the influence and due to the complexities inherent in defending DUI cases, our practice is focused on this particular area of the law.

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