Are DUI Charges Worse if You Have a CDL?
Anyone dealing with a DUI of any kind needs to understand how severe a charge and potential punishment it can be. It is characterized as a criminal charge, which means substantial fines and even jail time are possible. In other words, the state of Alabama treats these types of charges very seriously.
However, that is just for a DUI involving a regular driver with a regular driver’s license. When the additional element of the driver having a commercial driver’s license (CDL) is introduced into the equation, the requirements change, and the punishments can potentially increase. Additionally, aside from the immediate effects already described, such as fines and jail time, a DUI charge against someone with a CDL can devastate future career opportunities and earning potential. That’s why you should be proactive immediately after a DUI charge, connecting with a competent and experienced legal team like the one at Pino Law Firm P.C. The years of previous experience can guide you to getting the best possible result from the less-than-ideal situation you currently face.
Is It Easier to Get a DUI as a CDL Driver?
Many drivers, including even longtime CDL license holders, forget that the thresholds for specific things about a DUI change when you possess a commercial driver’s license. For instance, the level of your blood alcohol content can actually be higher as a regular driver than when you have a CDL.
For your average driver, they will be charged with a DUI if they are tested and found to have a blood alcohol content of .08 or above. However, for a driver with a CDL, that number drops to half, with a .04 BAC being enough to charge them with a DUI. The same thing applies to punishments. While a regular driver has the potential to lose their license on a first DUI offense, it is virtually a guarantee that a CDL holder will lose their license for at least a year. And punishments can go up considerably depending on the circumstances of the cargo they’re hauling when they get the DUI. For instance, getting a DUI while transporting hazardous materials can cost a driver a minimum three-year license loss.
What Do I Stand to Lose from My CDL DUI?
While we have already mentioned the loss of a license from a DUI for CDL holders, the CDL license can also become permanent. That can devastate your future career, meaning you are no longer eligible to hold positions for which you need a CDL. That doesn’t just mean positions for which you are just a driver; any job for which occasional driving is necessary, such as a warehouse or supervisory job, could also be off limits to you.
In addition, the DUI charge will be on your record, making it harder to get jobs of many kinds, even ones for which commercial driving isn’t even an aspect or consideration for the job. In these cases, you would suffer the judgment of HR departments for this issue when it doesn’t affect your ability to do the job.
Can I Fight a DUI Charge Against My CDL?
Because a DUI against a CDL holder can be so damaging, the best thing to do is to speak with someone who can look closely at your case and help you determine if there are key points that would allow you to fight the DUI charge.
The first thing to look at is challenging the measures used to determine a DUI, such as issues with the breathalyzer or the field sobriety tests. If they were administered wrong or there were issues with the functionality, those are tainted results that should not be used against you. Additionally, if you have any medical conditions, they can affect the results of a breathalyzer test to create a false positive result, even when the driver themselves is not actually over the legal limit. Those should be exposed to the court so that they can be taken into consideration.
Of course, there is also the possibility that there was not proper probable cause to pull you over in the first place. Some clear rules and guidelines must be followed to detain you or stop you in the first place. If these rules are not observed properly, anything that stems from the illegal or unwarranted stop is considered inadmissible in court.
These are just some of the many reasons a DUI charge could be thrown out, not to mention issues of mistaken identity or chain of custody for the samples taken. It’s essential to be your own strongest advocate in your situation; not only are you the main person standing up for yourself here, but the impact of a wrongful DUI charge against you is just as negatively life-changing as a correct one. No one should have to suffer those consequences if the circumstances make clear that the charge should not stand.
Since CDLs are also governed by Federal Law, there are other prohibitions on disposing of a DUI while having a CDL. Federal and State law prohibit any type of “masking” of a criminal charge while holding a CDL, even if the driver is using his/her own personal vehicle at the time. This means that a driver with a CDL is automatically ineligible for deferred prosecution or any other type of alternative disposition of the criminal charge, even if they were not driving their commercial vehicle at the time they were charged.
Do I Need a Lawyer for My DUI?
Like many aspects of the law in the United States and Alabama, particularly, the court does not require that you have an attorney help you with your DUI case, even in situations where there are potential ramifications because of your CDL status. However, don’t let that stop you from getting the help of an informed and experienced attorney. It cannot be overstated how important it is to have excellent representation during a DUI case. There is a real possibility that your future and finances will be negatively impacted forever.
For the reasons listed in this article, this situation is fraught with dangerous legal outcomes that the average person is unprepared to deal with because of their lack of legal awareness and training. Handling this case alone is taking your future into your own hands.
There’s no reason to risk the potential negatives that come with dealing with a DUI on your own when you can work with a team that has years of experience handling these types of cases. Pino Law Firm P.C. has the knowledge you need and the answers you seek. Call us at 205-433-0076 so we can get started today, helping you strategize the best defense for your case and get you the best possible result from this challenging situation.