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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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If you have asked yourself whether you ought to work with a criminal defense attorney, the answer is most certainly "yes." Criminal defense lawyers have the ability to affect the result of a criminal examination or trial. Your criminal defense attorney will make sure that your rights are protected throughout the police investigation, will browse the criminal justice system after charges have been submitted, and will challenge the government's case against you at trial.AFTER CHARGES ARE FILEDYou may not realize you need an attorney until you are issued a citation or served with a warrant. Law enforcement officers may conclude their investigation without ever making contact with you. Even if you were contacted by law enforcement, the officers may not have informed you of their intent to file charges. For these reasons, lawyers are generally retained after criminal charges have already been filed.If you receive notice that felony or misdemeanor charges are pending against you, you should immediately contact a criminal defense attorney. Criminal charges have the potential to change the course of your life. Utah felony charges are punishable with imprisonment for zero years to life and with a fine of up to $10,000.00. Utah misdemeanor charges are punishable with imprisonment for up to one year and a fine of up to $2,500.00. Your criminal defense attorney will play an invaluable role in obtaining a favorable plea deal or obtaining a not guilty verdict at trial.Your defense lawyer's work begins as soon as he is hired. In some cases, you may be arrested and required to post bail or remain in custody. At the time of arrest, the arresting officer is required to read you a statement of your rights. You have a right to an attorney, and your attorney should be present for all questioning that occurs while you are in custody. Your attorney can also assist you in reducing your bail or securing your release through a pretrial supervision agency.After you have been released from jail and made your first appearance in court, your attorney will obtain discovery and evaluate the evidence to determine your options. Your attorney will attend pretrial conferences, where he will negotiate with the prosecutor to secure a dismissal or reduced charges. If a plea agreement is not reached, your attorney will file relevant pretrial motions and prepare your case for trial.BEFORE CHARGES ARE FILEDLaw enforcement officers frequently contact suspects before charges are filed, in hopes of obtaining a confession or other information to aid in their investigation.DO NOT SPEAK TO THE POLICE. You have no obligation to assist in criminal investigations. You have the right to remain silent and to have an attorney present during questioning. It is important that you are aware of your rights, because investigating officers are not required to inform you of your right to counsel during the investigation stage. You will not be informed of your constitutional rights unless you are placed under arrest and taken into custody. In fact, police officers often mislead suspects into believing that an attorney is not necessary during "routine questioning."If you have been contacted by the police, you should immediately retain a criminal defense attorney to communicate with the police on your behalf. Your attorney will ensure that you do not provide the police with any statements or evidence that may later be used against you. Your attorney will also work to investigate and preserve evidence that is favorable to your case. If favorable evidence exists, your attorney will use that evidence to persuade prosecutors not to file charges against you.TRUST YOUR INSTINCTSThere may be other signs that you are the subject of a criminal investigation. If you have engaged in criminal activity, and your co-conspirator begins to exhibit unusual behavior, he may be working with the police. If you find your boss seated at your computer or going through your files, he may suspect wrongdoing. Trust your instincts. If something feels wrong it usually is.Most criminal defense attorneys have a policy against consulting with people who are planning to commit a future crime. However, your criminal defense attorney can advise you on the likely consequences of prior criminal activity. Your attorney can also communicate with police agencies to determine the status of the criminal investigation and to assist you in reducing or avoiding criminal charges.If you are faced with criminal charges, it is never too early to seek the advice of a criminal defense attorney. DUI defense attorney hourly rate

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This is a professional who can be hired to defend both corporations and individuals. In a legal setting they are referred to as the defendant and have been arrested as a suspect in an unlawful activity. This lawyer may also be referred to as a criminal lawyer or defense attorney/lawyer. They are responsible for representing people in court who have been accused of some form of criminal activity. In court the jury and judge will be the ones who decide if the accused is innocent or guilty. A criminal defense attorney should have a good knowledge about how the court system works and the law. Normally after attending law school they will have many years of working experience. Working as a criminal defense attorney they can be appointed by the court if the accused cannot afford an attorney or the defendant can hire them. A good lawyer can be very expensive. They can charge an hourly fee of three hundred dollars or more plus other fees.The defendant will meet with the defense attorney to develop the best way to decrease whatever the consequences of the unlawful activity the defendant could have been involved in. If the defendant is innocent then it will be the responsibility criminal defense attorney to prove that to the jury and judge. These lawyers also have the job of giving their client a reality check. This is especially true if they believe that there will not be any type of consequence at all for the crime they are accused of committing. A criminal defense attorney will also negotiate deals with the prosecutors, helping to decrease any jail time or fees that their defendant might be facing. This lawyer could also help to customize the sentence for their client that will help them stay out of trouble in the future, especially in family or juvenile court cases.A criminal defense attorney that is good will know the ins and outs of a local court circuit and will also know which tactics work for each judge when they are attempting to get the case thrown out or getting a reduced sentence for their client. They also know who has the power to settle different cases out of the courtroom. They also know how to find little-known laws that may help their client and can also use any lawful means that is necessary to prove to the judge and jury that their client is not guilty. Some criminal defense attorneys will take on only low-profile cases that are heard in little county court rooms, while others want to work on big, high profile cases.

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