Getting arrested for a DUI is a serious matter for any driver, but it carries even greater consequences for commercial drivers. In Auburn, commercial drivers are subject to stricter regulations due to the nature of their work. If you’re a commercial driver facing a DUI arrest, you need to take immediate action to protect your career and your rights.
Understanding the Importance of a DUI for Commercial Drivers:
Commercial drivers, especially those who operate large vehicles or transport goods, are held to a higher standard when it comes to alcohol and drug use. In Auburn, like in other parts of Alabama, commercial drivers are subject to both state laws and federal regulations under the Department of Transportation (DOT).
For a commercial driver, being arrested for a DUI could lead to severe consequences, including:
- Losing your commercial driver’s license (CDL)
- Facing heavy fines
- Potential jail time
- Losing your livelihood if you’re unable to work
In many cases, commercial drivers are subject to a 0.04% blood alcohol concentration (BAC) limit, which is much lower than the general legal limit of 0.08%. Additionally, if you are involved in an accident or have any signs of impairment due to drugs or alcohol, you may face even more significant consequences.
Why You Need an Commercial DUI Lawyer
Commercial drivers face unique challenges when it comes to DUI cases. A Commercial DUI Lawyer can provide essential support in the following areas:
❖ Understanding of Federal and State DUI Regulations: A knowledgeable attorney can help you understand the federal and state laws surrounding DUI offenses, especially as they relate to commercial driving.
❖ Navigating the Legal Process: DUI cases can be complicated. A lawyer will guide you through the legal process, from the arrest to potential court hearings.
❖ Challenging DUI Evidence: A qualified attorney can challenge the evidence presented against you, such as BAC readings, field sobriety tests, and witness statements.
❖ Negotiating Penalties: An Commercial DUI Lawyer can negotiate for reduced penalties, such as avoiding a suspension of your CDL or getting the charges reduced to a lesser offense.
Don’t make the mistake of trying to handle a DUI arrest alone, especially if you’re a commercial driver. The consequences could be far-reaching, and having the right legal representation is critical.
Step 1: Contact an Commercial DUI Lawyer
After being arrested for a DUI, the first step you should take is to contact a qualified Commercial DUI Lawyer. These professionals defend individuals against charges related to drugs, alcohol, and impaired driving. The sooner you contact a lawyer, the better your chances of minimizing the impact on your career.
A skilled attorney will help you navigate the complex legal system and provide advice on how to handle the DUI charges. They will also review the circumstances surrounding your arrest, determine whether the law enforcement officers followed proper procedures, and challenge any evidence that may be inaccurate or flawed.
Step 2: Schedule a DMV Hearing
When you are arrested for a DUI in Auburn, the Alabama Department of Public Safety (DPS) will likely begin an administrative process to suspend or revoke your commercial driver’s license. However, you can request a hearing to challenge this suspension.
Timeline for Scheduling a DMV Hearing:
In Alabama, you must request a hearing within 10 days of your DUI arrest to prevent an automatic suspension of your CDL. During the hearing, your Commercial DUI Lawyer can present evidence and arguments to contest the suspension, which may allow you to keep your driving privileges temporarily.
If you fail to request a hearing within the allotted timeframe, your CDL may be automatically suspended, and you may lose your ability to drive for work.
Step 3: Review the DUI Charges and Build Your Defense
After contacting an attorney and scheduling a hearing, the next step is to review the DUI charges against you. A Commercial DUI Lawyer will examine the circumstances of your arrest to identify weaknesses in the case against you.
Key elements that an attorney may review include:
❖ The Traffic Stop: Was there reasonable suspicion for the officer to stop you? Did they follow proper procedures?
❖ Field Sobriety Tests: Were the tests administered correctly and fairly? Were there any factors that could have affected your performance?
❖ Breathalyzer or Blood Tests: Were these tests administered properly? Could there be any inaccuracies in the results?
An attorney will assess all of these factors and help you build a defense strategy tailored to your case. In some situations, they may be able to challenge the validity of the tests or the legality of the traffic stop, which could lead to a reduction or dismissal of charges.
Step 4: Understand the Consequences for Commercial Drivers
If the case goes to trial, it’s important to understand the potential consequences you could face as a commercial driver. In Auburn, a DUI conviction may lead to:
❖ Immediate CDL Suspension or Revocation: A DUI conviction can result in the loss of your CDL for months or even years, depending on whether it is a first-time or repeat offense.
❖ Fines and Court Fees: DUI convictions often come with significant fines, which can add up quickly. These fines can be especially burdensome for commercial drivers.
❖ Increased Insurance Rates: A DUI conviction may also lead to higher commercial auto insurance premiums, which could affect your ability to continue driving for work.
❖ Possible Jail Time: Depending on the circumstances of the arrest, you may face jail time, especially if there are aggravating factors like injuries or property damage involved in the incident.
The goal of your Commercial DUI Lawyer will be to reduce the severity of these penalties or, if possible, have the charges reduced or dismissed entirely.
Step 5: Consider Alternative Sentences
In some cases, commercial drivers may be eligible for alternative sentencing options that can help minimize the impact of a DUI conviction. For example, you may be able to participate in a diversion program or seek probation in lieu of jail time.
Some of the potential alternatives include:
❖ Alcohol Education Classes: These programs can show the court that you’re taking responsibility for your actions and are committed to addressing any substance abuse issues.
❖ Probation: If you qualify, probation may allow you to avoid jail time while adhering to strict guidelines set by the court.
❖ Community Service: Some courts may offer community service as an alternative to fines or jail time.
Your attorney will work to explore these options and determine if they’re viable in your case.
Step 6: Take Preventative Measures Going Forward
After a DUI arrest, it’s important to take steps to avoid any future incidents. This not only helps with your defense but also shows the court that you are committed to being a responsible driver. Some steps to consider include:
❖ Seeking Counseling or Treatment: If alcohol or drugs contributed to your DUI arrest, consider seeking professional help to address any underlying issues.
❖ Staying Educated on the Law: Stay up-to-date on the laws surrounding commercial driving and DUI offenses, including any changes to federal or state regulations.
❖ Avoiding Alcohol and Drugs While Driving: It’s crucial to refrain from consuming alcohol or drugs while driving, especially when you’re operating a commercial vehicle.
Contact Alsobrook Law Group for Legal Representation
If you’ve been arrested for a DUI as a commercial driver in Auburn, the Alsobrook Law Group can provide the experienced legal assistance you need. Our team of skilled Auburn Commercial DUI Lawyers has extensive experience defending commercial drivers against DUI charges and can help you navigate the complexities of the legal system.
Don’t let a DUI arrest jeopardize your career. Contact us today to at 334.737.3718 discuss your case.
