The real life happiness is to support yourself and your family. To get life support, one needs to get a job. If there is no job, there is no support system. So, if you are a commercial driver or drive a commercial vehicle, your career will be at risk after a DUI conviction. So, think for a second before breaking the traffic rules and driving the vehicle under the influence.
While driving under the influence, the police officer can stop you at the DUI checkpoint and prove that you are impaired by alcohol or drugs. Only luck can save you from a DUI arrest because if you are caught with a DUI charge, your CDL (Commercial Driver’s License) will be canceled. There will be a full stop on your commercial driving activities. Of course, your condition will differ from that of drivers with regular driving licenses.
To secure your living, hiring a DUI Lawyer who can take timely action is important. Indeed, your lawyer will help you understand your case and its consequences.
What is CDL (Commercial Driving License)?
CDL is a type of driving license considered an additional certification to your regular license. The regular license helps you drive your vehicle, including a motorcycle and car, with legal driving rights. On the other hand, CDL allows you to legally drive commercial or large vehicles, including buses, trucks, containers, and more.
In different countries, there are different classifications of CDL. You can see the classes A, B, C, and D in different states.
Penalties Affecting the Commercial Driving License After a DUI Conviction
You can face several penalties after a DUI conviction that can ruin your commercial driving career.
- When a police officer stops you at the DUI checkpost, and you experience a DUI arrest for driving a commercial vehicle under the influence, there are huge chances of commercial license suspension.
- After the DUI conviction, you cannot apply for a restricted license. In short, you cannot drive a commercial vehicle with privileges. However, in some other cases other than the DUI conviction, one can apply for a restricted commercial license.
- When you are stuck in the DUI case, there is a chance that your license can be dismissed for a lifetime.
Defenses Against a DUI for Commercial Drivers
Challenging Test Accuracy
A typical defense challenges the results of the breathalyzer or the blood test, which was used to determine one’s BAC level. This approach is best applied in prosecuting CDL cases because the levels of BAC are usually low. Such tests have aspects of error, and a slight error could lead to a difference between a conviction of DUI and an acquittal.
Investigating Test Procedures
The other tactic is for the lawyer to determine if the lab or the machine that analyzed your test has a track record of producing erroneous results. This way, there will be the chance to exclude the test results, which may considerably impair your case against you if legal authorities discover issues.
Questioning the Legality of the Arrest
A lawyer may also refer to the law to determine whether the defendant was arrested unconstitutionally. Another reason to fight a case could be that the arresting officer failed to conduct himself properly as is expected of him under the law.
Field Sobriety Test Issues
If the arresting officer administered field sobriety tests, a lawyer can question their reliability. For example, a driver may be poor in a dark place, on a bumpy road, or have medical conditions that make him or her a poor driver, even though he or she is not under the influence of alcohol.
Reasonable Suspicion for Traffic Stop
Your lawyer might claim that the officer had no reason to stop your car in the first place. Technically, you can prove that the initial stop is unlawful; any evidence subsequently obtained will be deemed acquired in violation of the suspect’s rights.
Medical or Health Conditions
Certain medical conditions, such as acid reflux or diabetes, can affect the breathalyzer. Your lawyer may also provide documents to prove that the high BAC reading was due to some ailment and not alcohol. Similarly, you can align more medical conditions to keep the DUI case in your favor.
There are so many other possible defenses on top of the above ones that they cannot be counted. An experienced lawyer will analyze the particular circumstances of your case to determine what strategy will be most effective in your case and explain to you how the DUI charge could impact your CDL.
Final Verdict
Facing a DUI charge with the right to operate a commercial vehicle is never a simple experience. Your career and future are at risk, so you need to have the right legal representation. You should employ a competent lawyer who understands the laws on DUI and CDL so that he or she can defend you well. In this case, your lawyer can dispute the evidence provided by the prosecution and bargain for your penalties and interests to secure your liberties.
Apart from defending the charges, your attorney can also assist in organizing for the future. Your lawyer can help reinstate a license and provide information on how your employment odds may be enhanced, including further training and/or certification. You can get the right kind of legal assistance in preventing the suspension or revocation of your CDL and ensure that you are on track to having a successful career.
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