If you are a commercial driver who has been charged with a DUI you may face increased penalties that can impact both your criminal record and your employment. As a result, it is imperative you take the necessary steps to put yourself in the best position to defend yourself from these charges. Below, a DC DUI attorney discusses what you should know and how experienced legal representation can help. Call today to learn more.
Depending on whether it’s your first or second conviction, the suspension or revocation proceeding will go forward, and almost certainly the penalty will be that you are going to have the CDL suspended or revoked for a long period of time. There are long suspensions or revocations of CDL for even a first conviction for a DUI or OWI and as a result, it is really important if you have a CDL to understand that this is one of the terrible collateral consequences of a conviction.
There is potential to either have their CDL suspended or revoked which eliminates the ability to drive some commercial vehicles. This can adversely affect someone’s ability to get a job. It can cost the person a lot of money and it’s extremely difficult to get that CDL back once it’s been suspended or revoked.
If a CDL holder is charged with a DUI in DC, the DMV will hold a suspension hearing, as it does with a regular license. As an attorney, what is routinely done in these types of cases is the institution of a proceeding for stay or a delay of the revocation of a CDL until after the result of the court case is known. Although the DMV will make an independent decision, it generally defers to the court case. Thus, typically, if the case is dismissed in court, then the CDL will not be adversely affected.
Although all DUI cases are serious, it is definitely more serious for people who have a CDL. As a result, it’s important to investigate those cases to explore every possible avenue in order to gain an advantage or to establish reasonable doubt in these types of cases. There are host of things that could be done on the investigative side to accomplish the goal. A few include exploring the way in which the chemical testing is done, the way the sample was gathered, stored, and analyzed, and exploring the way that the case was investigated by law enforcement. Those are all ways that an experienced lawyer can help CDL holders facing DUI charges.
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