Commercial Motorists: Your Rights After A DUI Charge
Driving under the influence (DUI), which is a severe criminal offense, can have even more significant consequences for commercial motorists. DUI arrests have severe consequences, and they can impact your livelihood, as well as your future. Commercial drivers may face harsher punishments than other drivers. The risk of losing a commercial driver’s license is also greater. Protecting oneself after a DUI ticket requires knowing your rights and acting accordingly.
In this article, you will learn about the implications of a DUI conviction for a commercial driver, your legal rights, and why it’s essential to hire a lawyer in Tempe with experience in protecting your future and career.
DUI Laws Affecting Commercial Drivers
The legal blood-alcohol concentration (BAC) for non-commercial drivers is usually 0.08%. But for commercial motorists, it’s 0.04%. Due to the vehicles and sizes they drive, commercial drivers have a higher level of responsibility.
DUI arrests involving a BAC of over 0.04% can have severe consequences.
- License Suppression
In many states, your CDL can be suspended automatically if you are convicted of DUI. The length of your suspension is determined by whether or not this is your very first DUI conviction. For a repeat offender, a CDL can be banned for life.
- Employment Incidence
You may lose your job when you lose your CDL, especially if it is a requirement for your employment. DUI arrests and convictions are punishable by many employers. It can be hard to retain your position in the transportation field or to find new employment.
- Criminal Penalties
In addition, a DUI conviction could lead to criminal charges against a driver, fines or probation, or even jail. The severity of punishment is dependent on many factors. These include your BAC level and previous offenses. It also depends on whether or not you caused any accidents.
- Personal Vehicle Consequences
If you get arrested for DUI and are driving a private vehicle, your CDL may be affected. Many states have DUI laws that apply to commercial drivers when they’re not driving commercial vehicles. This means a DUI in your car may result in the suspension, or even revocation, of your CDL.
Your Rights After A DUI Conviction
You can use your legal rights to help you win your DUI case if you were a commercial vehicle driver. Here’s what to know:
- Right not to Speak
The right to remain silent is a fundamental right for anyone arrested on suspicion of DUI. What you say can and will in court be used to your detriment. The best thing to do is not make any statements until after consulting an attorney.
- Right to Legal Representation
Legal representation is a crucial right. A DUI attorney who has experience with commercial driver cases can help you develop a strong defense and navigate CDL-specific laws. An attorney may be able to help you contest the evidence or negotiate with prosecutors in order to reduce the charges and penalties.
- Right not to submit to a field sobriety test
In many states, you have the right to refuse field sobriety checks (such as walking on a straight path or standing on just one leg). Refusing these tests could still result in an officer arresting you for other reasons, such as the smell or driving while erratic. It is essential to know the laws in each state. Some states penalize people for refusing these tests.
- Right to a Hearing
You have the legal right to request administrative hearings to challenge a suspension of your CDL after your DUI arrest. This hearing takes place separately from your criminal proceedings and focuses only on the validity of the suspension. At this hearing, your attorney can represent you and present evidence supporting your case.
Conclusion
A DUI arrest for a commercial driver is severe because it can have consequences that go beyond fines, jail time, and even the loss of employment. Understanding your legal rights and acting immediately, like hiring a DUI lawyer, are crucial to protecting your CDL. If you work as a truck driver or commercial driver, then it’s essential to understand the laws and your rights.When you face DUI charges, it is necessary to seek legal representation immediately. You can win your case with the right defense strategy.
