Understanding the Severity of DUI Charges for CDL Holders
If you hold a CDL in West Virginia, the consequences of a DUI charge can go far beyond what a typical driver might experience. The legal limits for drivers with a CDL are stricter than for non-commercial drivers. In West Virginia, the blood alcohol concentration (BAC) limit for regular drivers is 0.08%. However, for CDL holders, the legal limit is reduced to just 0.04%. This means that even a small amount of alcohol can result in a DUI charge, and this could significantly impact your livelihood. When you’re charged with DUI as a CDL holder, the legal consequences can be more severe, not just for the criminal case but for your career. A conviction could lead to the suspension or revocation of your CDL, which can prevent you from driving commercially. Losing your CDL could mean the loss of your job and the ability to support yourself and your family. This makes it even more crucial to fight the charges and have an experienced attorney on your side.Why You Should Fight DUI Charges as a CDL Holder
As a CDL holder, you may face several challenges that can make your DUI case more complicated. The consequences of a DUI conviction are often harsh, and they go beyond just the criminal penalties. In many cases, a conviction can lead to the permanent loss of your ability to hold a commercial driver’s license. This is why it’s essential to take proactive steps to fight the charges. When you are accused of DUI, the burden of proof lies with the prosecution. In other words, it’s their job to prove beyond a reasonable doubt that you were operating a vehicle under the influence of alcohol or drugs. In a DUI case involving a CDL holder, this can be a complex legal process. Your attorney can help identify weaknesses in the prosecution’s case and work towards challenging the evidence presented against you.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Possible Defenses Against DUI Charges for CDL Holders
One of the first steps in defending against a DUI charge is to understand the evidence the prosecution has against you. In many cases, DUI charges are based on breathalyzer tests, field sobriety tests, or witness testimony. However, there are often flaws in these tests that could be used as a defense. For example, breathalyzer tests are not always accurate, especially if they are not administered correctly or if the equipment is malfunctioning. Field sobriety tests can also be subjective, meaning that the officer’s interpretation of your performance may not always be accurate. Your attorney can investigate these factors and challenge the evidence in your case. Additionally, there may be other factors that could have led to a false reading of your BAC. For example, medical conditions, certain medications, or even the food you eat can affect the results of a breathalyzer test. Your lawyer can investigate these potential factors and use them to build a defense for your case.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
The Importance of Seeking Legal Help
Navigating DUI charges as a CDL holder can be complicated, and it’s not something you should face alone. Hiring an experienced attorney is one of the most important steps you can take to protect your rights and your future. A skilled attorney can review the details of your case, gather evidence, and challenge the prosecution’s case against you. If you decide to represent yourself in a DUI case, you risk making costly mistakes that could harm your chances of success. An attorney who is familiar with DUI laws and regulations, particularly for CDL holders, can give you the best chance of securing a favorable outcome. They can advise you on the best course of action, whether that means negotiating a plea deal or fighting the charges in court.What Happens If You Are Convicted of DUI as a CDL Holder
If you are convicted of a DUI charge and you hold a CDL, the consequences can be severe. For a first offense, your CDL could be suspended for at least one year. If you are convicted of a second offense, your CDL may be permanently revoked. This is especially damaging because a loss of your CDL means you are unable to work as a commercial driver, which can cause significant financial hardship.Related Videos
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