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DUI While Driving A Private Vehicle, Off-Work

If you have a commercial driver’s license (CDL) when you are arrested for drunk driving in your personal vehicle, your driver’s license and your CDL will most likely be immediately suspended regardless of whether it is your first offense or not.

You may be able to obtain a temporary permit for driving your personal vehicle, but not a temporary permit for a commercial vehicle license. Obviously, a DUI can have a big impact on your ability to work if your drive a vehicle for a living, and even more so if you have a CDL for driving a commercial vehicle.  Truck DUI Lawyer In [categories]

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If you refuse sobriety testing during a DUI investigation, you automatically forfeit your driver’s license and your CDL license for one year in most states. If you are convicted of a second DUI, you will no longer be able to obtain a CDL license.

In many cases you are able to get your CDL reinstated within a few months following a DUI conviction in your personal vehicle.

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There are a number of legal issues that should be reviewed immediately after a DUI arrest if you have a CDL — factors such as whether or not you refused a breath test, what tests were used, what the results were, etc. Regardless of where you are arrested, the DUI driving offense will be reported to the state that issued your CDL. You may be able to obtain a temporary permit to drive your personal vehicle, but not a “temporary” CDL. Seek legal advice to determine if there are options for protecting your CDL in your home state.

In most states, you are entitled to an Administrative License Revocation (ALR) hearing within 15 days of your arrest. The hearing will determine whether or not your driver’s license and CDL should continue to be suspended. This hearing process is separate from your Utah DUI criminal driving offense hearing. At the ALR, the arresting officer is questioned under oath and a defense attorney may raise legal questions and issues related to the procedures followed, and bring into question whether or not the DUI can be proven in the criminal court.

DUI While Driving A Commercial Vehicle

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If you are driving a commercial vehicle when arrested, your CDL license is immediately suspended and you may be able to quickly obtain a temporary driving permit only for use of a personal vehicle.

One important factor is that the legal blood-alcohol level for a CDL is usually lower than the level for private vehicles, 0.04% instead of 0.08%. In most states there is an automatic a one-year suspension of your CDL if you refuse a blood-alcohol test. The outcome of your criminal DUI case may also determine the future of your CDL.

DUI in General

There is a lot at stake in any DUI, whether driving a personal or commercial vehicle. If you are a repeat DUI offender, you could lose your CDL for life upon conviction. There may be factors that will allow your attorney to protect both your personal driving privileges and your CDL, and are dependent on whether or not you receive prompt legal assistance. Be prepared to pay for those services.

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In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own. DUI defense attorney how to become

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