CDL DUI Defense: How to Win a Commercial Vehicle DUI (CDL) Case

A commercial driver’s license (CDL) holder can challenge a DUI charge and license suspension in court to protect their CDL. The best defense for a CDL DUI is to try to avoid a conviction by exposing any possible weakness in the case.

Some standard DUI defenses for a CDL holder include:

  • Lack of probable cause for the traffic stop
  • Inaccurate, broken, poorly-administered, or miscalibrated sobriety/BAC test
  • The field sobriety testing was not reliable
  • The breathalyzer malfunctioned 

Other things to consider to help avoid a CDL suspension after a DUI include:

  • Court supervision is considered the same as a conviction in commercial DUI cases
  • Drivers seeking to reinstate or apply for a CDL should attend all court hearings related to their DUI charges
  • It is extremely helpful to submit evidence to support your case and to show the courts that you are a safe driver 

Currently in most states, the legal limit for a CDL holder is 0.04 blood alcohol content (BAC). Regular license holders are charged for DUI with a BAC of 0.08.

Beat the Charge: Your Guide to Winning a CDL DUI Case

The aftermath of a recent CDL DUI arrest can feel like your world is crumbling. Your career, livelihood, and freedom are on the line. But before despair sets in, take a deep breath and know this: you don’t have to fight this alone.

As certified CDL DUI lawyers, our experienced attorneys have seen countless individuals like you navigate this challenging situation and emerge victorious.

Here, we equip you with the knowledge and insights needed to fight your CDL DUI charge with the best chances of beating the case to effectively protect your future.

Unique Challenges of CDL DUIs

  • Zero Tolerance: Unlike the standard DUI limit of .08, CDL holders face a stricter limit of .04 BAC. This means even a small amount of alcohol can result in a DUI charge.
  • Harsher Penalties: CDL DUI convictions come with harsher consequences, including:
    • CDL Suspension or Revocation: This can render you unemployable for months or even years.
    • Steeper Fines: Penalties can range from thousands to tens of thousands of dollars.
    • Potential Jail Time: Depending on the severity, jail time may be a possibility.
    • Employment Loss: Many employers have strict policies against CDL DUIs, leading to job termination.

Taking Immediate Action to Fight a DUI With a Commercial License

  1. Contact a CDL DUI Lawyer: This is crucial. A lawyer specializing in CDL defense understands the nuances of these cases and can develop a strategic defense tailored specifically to your situation. Don’t attempt to navigate this legal battle alone.
  2. Gather Evidence: Collect all documents related to the arrest, including the police report, field sobriety test results, and breathalyzer results. These will be crucial for building your defense.

Building a Strong Defense to Get Charges Dropped or Thrown Out

An experienced CDL DUI lawyer in the area will explore various avenues to fight the charges to get dropped or dismissed, such as:

  • Challenging the Stop: If the police pulled you over without a valid reason, the evidence obtained may be deemed inadmissible.
  • Questioning Field Sobriety Tests: These tests are not infallible and can be influenced by factors like fatigue, medication, or medical conditions. Your lawyer will explore potential flaws in the administration or interpretation of these tests.
  • Scrutinizing Breathalyzer Results: These devices can malfunction or produce inaccurate readings. Your lawyer can investigate the device’s maintenance records and calibration history to identify any potential issues.
  • Negotiating Plea Bargains: Depending on the circumstances, your lawyer may negotiate with the prosecutor for a reduced charge or sentence. This can be a viable option depending on the strength of your case.

Important: A free DUI arrest review of specific details of your CDL case situation will determine the best course of action to help avoid a suspension.

Consulting with a top local CDL DUI lawyer as soon as possible is your best chance at achieving a positive outcome of having the charges reduced or thrown out in court.

A Real-World Example: Protecting a Driver’s Livelihood

Gregory, a dedicated bus driver, was pulled over late at night for allegedly speeding in his personal vehicle. The officer suspected DUI and administered a field sobriety test, which Gregory struggled with due to fatigue. A breathalyzer test later showed a BAC level slightly exceeding the CDL limit.

Gregory contacted a trusted CDL DUI attorney in the area who immediately challenged the stop, arguing the officer lacked a valid reason to pull him over. Additionally, the lawyer raised concerns about the test administration due to Gregory’s fatigue and potential inconsistencies in the breathalyzer calibration records.

Through meticulous investigation and negotiation, the lawyer successfully argued for the dismissal of the charges due to insufficient evidence. Gregory kept his CDL and continued his career without disruption.

Key Takeaways

Once a person’s own unique DUI charge circumstances of what took place can be assessed online, our certiified local lawyers for CDL holders can focus on finding the best possible outcome for a recent CDL DUI.

Regardless of whether you got arrested for DUI with a CDL license in your personal vehicle or not, the ultimate legal defense strategy is to have the charges dropped to lesser offense or dismissed in court for a commercial driver who’s livelihood is at stake.

We understand that truck drivers depend on their CDL, and we are here to get you the best free DUI help with expert advice and personal attention that you deserve with fighting to get out of the charges quickly as possible.

DUI Charge With CDL Defense – Additional 2024 CDL Law References:

https://dui.findlaw.com/dui-charges/commercial-dui-regulations.html

9 thoughts on “CDL DUI Defense: How to Win a Commercial Vehicle DUI (CDL) Case”

  1. My wife just got OWI in Ottawa IA last I just got her out of jail this afternoon. We live in Texas but she has a Iowa license. Took a breath test and fail it of course. What can we do to get the CDL stopped from getting suspended?

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  2. I have been convicted of a DUI 1st offense in my personal vehicle and have my license suspended for 6 months…how can I get my cdl back?

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  3. I got charged with a oui in Connecticut and the DMV suspended my license for a year for refusal of urine and breathalyzer. I recently got the case dismissed and got out of all charges, with the oui dismissed as well. But now my license is ready to be reinstated after a year of suspension. Will I have any trouble getting my license back even though i got everything dismissed?

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  4. in 2015 i got pulled over in a roadside check i had had a couple of beers that day in wicth i had never done in a rig before i was at a .08 i got a dui wicth i understood but the lawyer i hired out of olatha ks.and paid 5000 dollars to had made a deal for a 1 year suspention of my cdl and a fine classes and 5 days in jail i had a lic.from a differnt state at that point leaglly uptained and kansas cam back after the fact and after i won the adminastrative hearing fabercated a bunch of bogas stuff on my driveing record.to get the result that they wanted wicth was alifetime supention i hired anouther lawyer he looked into everything including the misrepertaion from the frist lawyer and he said i could sue him for malpratice but anyway he had also talked to the legestrator that wrote the law and said kansas wasent following the guidelines or interperting the law the way it was ment or written he the said because of all the stunts kansas had pulled basicly lyeing to get thier final result and the deal being made from the orignal court if taken before eathier the governer or the suprime court of kansas the lifetime suspention could be beat with the right lawyer of corse i guess thats my qustion and my dad said if a lawyer could tell him he could get my cdl back he would and trust me could pay him in full because he beleaves as well as outhers i was railroaded by the state of kansas i relize i had 2 dui in kansas before i had my cdl 20 years prior but thats not how they went about it and thats how after the fact they got it done as if they were on a mission texas says i can have my cdl back if kansas will clear the supention from the regestry anyway theres a lot of underhanded things that kansas done and i can prove it and its not the frist time they have tryed back in 07 they tried but the state of fl. siad they were crazy ive lost everything my wife my home im homeless on the street because of it so as i said the right lawyer could beat it if they wanted to take it on and my father will pay for it

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