Ways To Defend Commercial DUI Charges
Commercial driving under the influence of alcohol or any illegal substances is never a good idea. Especially if you are a commercial vehicle operator. After all, if you are transporting a dangerous or hazardous cargo or perhaps are driving a bus full of people, you are not only putting yourself in great danger – lives of many others are at stake as well.
This is one of many reasons why law enforcement authorities are so concerned with commercial DUIs and, also, why the law is even more strict when it comes to commercial DUI offenders. First of all, the BAC (Blood Alcohol Content) for a commercial vehicle operator is lower than usual – .04% instead of .08%, so it is clear that a commercial driver may be charged with driving under the influence of alcohol even if he only had a glass of beer. In addition, the law also obliges commercial vehicle operators not to drive their vehicles eight hours after drinking any alcoholic beverages.
As for legal penalties that come for commercial DUIs, the situation is even more serious as with regular DUI offenses. First of all, the commercial driver is going to risk losing his class A driver’s license. For the first offense the commercial vehicle operator is going to have his license suspended for a year and for the second DUI the offender is going to lose his license for good. This is a very serious penalty, seeing that the class A license is a work permit for most commercial drivers. They will lose their job along with the license and it is a very harsh punishment for them.
Challenge the Legality of the Traffic Stop
One of the most effective ways to defend a commercial DUI charge is to challenge the legality of the traffic stop. If the police officer did not have a valid reason to stop your vehicle, the evidence collected during the stop may be inadmissible in court. This strategy can lead to the dismissal of your charges.
In some cases, officers may stop commercial drivers without reasonable suspicion or probable cause, which violates the Fourth Amendment. A skilled DUI attorney can investigate the circumstances surrounding the traffic stop to determine if it was lawful. If not, any evidence gathered as a result of the stop could be excluded, weakening the prosecution’s case.
Question the Field Sobriety Tests
Field sobriety tests are often used as evidence in DUI cases, but they are not always accurate indicators of impairment. If the tests were administered improperly or under unfavorable conditions, you can argue that the results are unreliable.
Field sobriety tests, such as the walk-and-turn or one-leg stand, can be influenced by factors like poor lighting, uneven ground, or the driver’s physical condition. Additionally, nerves or anxiety can affect performance. Highlighting these factors can help cast doubt on the reliability of the test results.
Dispute the Breathalyzer Results
Breathalyzer tests are commonly used to measure blood alcohol concentration (BAC). However, these devices are not infallible. You can challenge the accuracy of the breathalyzer by pointing out factors such as calibration errors, improper maintenance, or medical conditions that could affect the results.
Breathalyzer machines must be calibrated regularly to ensure accurate readings. If the machine used in your case was not properly maintained, the results may be unreliable. Additionally, certain medical conditions, such as acid reflux, can cause higher readings. Bringing these issues to light can weaken the prosecution’s case.
Assert the “Rising Blood Alcohol” Defense
The “rising blood alcohol” defense argues that your BAC was below the legal limit when you were driving but increased after you were stopped. This can happen if you consumed alcohol shortly before driving, as it takes time for alcohol to be absorbed into the bloodstream.
For example, if you had a drink right before getting into your vehicle and were stopped shortly thereafter, your BAC might have been under the legal limit while driving but rose above the limit by the time you were tested. This defense can be particularly effective if there is evidence to support the timing of your alcohol consumption.
Highlight Medical Conditions
Certain medical conditions can mimic the symptoms of intoxication or affect breathalyzer results. Conditions such as acid reflux, diabetes, or hypoglycemia can lead to false positives. Highlighting these medical conditions can be a strong defense against commercial DUI charges.
For example, diabetes can cause a person to exhibit symptoms similar to intoxication, such as slurred speech or poor coordination. Additionally, conditions like acid reflux can result in higher BAC readings on a breathalyzer test. Presenting medical evidence of these conditions can create reasonable doubt about your guilt.
Challenge the Chain of Custody
If blood or urine tests were used as evidence, you can challenge the chain of custody. The prosecution must prove that the samples were properly handled and not contaminated. Any break in the chain of custody can lead to the exclusion of this evidence.
The chain of custody refers to the documentation of the handling of evidence from the time it is collected until it is presented in court. If there is any doubt about the integrity of this process, the evidence may be considered unreliable. An experienced DUI attorney can review the chain of custody for any issues and use this to challenge the prosecution’s case.
Present Evidence of Police Misconduct
Police misconduct, such as coercing a confession or failing to follow proper procedures, can be grounds for dismissing a commercial DUI charge. If you believe that you were mistreated or your rights were violated, this can be a powerful defense strategy.
For example, if the arresting officer did not read you your Miranda rights or used excessive force, these actions could undermine the prosecution’s case. Additionally, if you were coerced into confessing or if evidence was tampered with, this could also be grounds for dismissal.
Argue for a Plea Bargain
Sometimes, the best defense is to negotiate a plea bargain. This can result in reduced charges or penalties, which can be especially beneficial if the evidence against you is strong. A skilled attorney can help you negotiate a favorable plea deal.
Plea bargains are common in DUI cases and can lead to lesser charges, such as reckless driving, or reduced sentences. This can be particularly advantageous for commercial drivers who want to avoid losing their commercial driver’s license (CDL). An experienced attorney can assess the strength of the prosecution’s case and negotiate on your behalf to achieve the best possible outcome.
More Information About Commercial DUI Defense
Furthermore, the driver is going to be obliged to report about his DUI offense to his employer within 30 days after the incident took place. Of course, most employers will not be too happy about it and will probably fire the DUI offender. Fines, community service, county jail or state prison may also be a part of the sentence, depending on circumstances. Nevertheless, if you wish to avoid most severe penalties, it is very important to get in touch with a qualified as well as genuinely experienced DUI attorney at the earliest opportunity.
There is a number of DUI defense strategies that a lawyer will be capable of using. We are talking about a reason why the police pulled you over in the first place, whether or not they had reasons to believe that you were driving under the influence, your sobriety test results and so on.
Only will a professional Sacramento DUI lawyer have what it takes to convince the prosecution and the judge that you actually deserve a second chance and that this particular offense does not characterize you at all. A good legal representative is an absolutely invaluable asset in a commercial DUI case. If you were you arrested for DUI while driving your commercial vehicle, contact our Sacramento DUI attorney now!