There has been a lot of attention paid to the issues related to driving under the influence of alcohol or drugs. Those who drive a regular passenger vehicle while under the influence of alcohol or drugs face stiff penalties; however, the process changes when it comes to a DUI commercial vehicle. CDL DUI is a serious matter, as commercial vehicle drivers are professionals, meaning they are held to a higher standard. This could cost someone his or her job. Therefore it is important for everyone to keep a few key points in mind when it comes to CDL alcohol laws.
Know the Truck Driver Alcohol Limit
Most people know that the blood alcohol limit for regular drivers is 0.08; however, for those who drive trucks, CDL alcohol laws are different. This value is actually cut in half. This means that if you drive a commercial truck, a BAC of 0.04 is all that is needed to let to a DUI charge. Therefore, DUI and CDL disqualification takes place at a much lower limit than for regular passenger vehicles.
Following a charge of a DUI, the CDL driver has to notify their employer within 30 days. This even goes for charges that take place outside of the residential state and outside of a commercial vehicle. There are strict restrictions on the employer’s side, so he or she might be required to either suspend or terminate someone who has been charged with a DUI if they drive a commercial vehicle.
Getting a DUI Charge Dropped
There are a number of ways that a trained lawyer can help get DUI charges dropped. One of the first methods involves challenging the grounds for the stop. In order for a law enforcement officer to pull someone over, they need to meet grounds known as probable cause. They must have a valid reason for pulling someone over in the first place. If these grounds were not met, then everything that follows the stop is also thrown out, including the DUI charge.
A criminal defense attorney can also challenge how the evidence was gathered. For example, if the alcohol level was measured using a Breathalyzer machine, this device has to be calibrated regularly for the results to be reliable. If the machine has not been properly maintained, then the results cannot be considered valid. This means that the DUI charge could be dismissed.
The Impact of a Second Offense
If someone is convicted for a DUI a second time, that individual will not be able to obtain a CDL. Even if someone is able to get their license restored (which is rare), the cost of insurance will probably be way too high. Therefore, it is critical for anyone who is facing a DUI involving a CDL vehicle to put forth the strongest possible defense.
Contact Wasatch Defense Lawyers Today
At Wasatch Defense Lawyers, we are here to defend your rights and preserve your reputation. We know that a DUI charge threatens your livelihood, which is why we will work on your behalf for an outcome that is in your best interest. Contact us today!
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