Understanding the Consequences for CDL Drivers
When a CDL driver is charged with DUI, the consequences can be severe and far-reaching. Unlike regular drivers, commercial drivers face stricter regulations and penalties due to their role in ensuring public safety on the roads. A DUI conviction for a CDL driver can result in the suspension or revocation of your commercial driver’s license, potentially ending your career and causing financial hardship for you and your family. West Virginia law enforces a lower blood alcohol concentration (BAC) limit for CDL drivers, set at 0.04 percent. This is much lower than the standard limit of 0.08 percent for non-commercial drivers. If your BAC exceeds this threshold or if you refuse to submit to a chemical test, you could face both criminal charges and administrative penalties, including the loss of your CDL. The stakes are high, and we understand the importance of protecting your rights and your future.The First Step in the Legal Defense Process
When you are arrested for DUI as a CDL driver, the first thing to do is to contact an experienced attorney who understands the legal challenges you are facing. Time is of the essence, as there are critical deadlines for both your criminal case and the administrative proceedings related to your CDL. Our first priority is to help you understand your options and prepare an effective defense strategy tailored to your unique circumstances. After you contact us, we will thoroughly review the details of your case. This includes examining the circumstances of your arrest, reviewing the evidence against you, and determining if there were any violations of your rights during the stop, field sobriety tests, or chemical tests. Every case is different, and it’s essential to identify any flaws or weaknesses in the prosecution’s case that could help your defense.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Challenging the Evidence Against You
One of the key aspects of your defense strategy will involve evaluating the evidence the prosecution intends to use against you. Law enforcement must follow strict procedures when conducting DUI arrests, including ensuring that breathalyzer tests are properly administered and that the arrest was based on reasonable suspicion or probable cause. If there were any irregularities in these procedures, we may be able to challenge the validity of the evidence. For example, if the breathalyzer machine was not properly calibrated or if the officer did not follow proper protocol when administering field sobriety tests, we may be able to argue that the evidence against you is inadmissible. In some cases, even small errors in the procedure can lead to a favorable outcome 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
Negotiating for Reduced Penalties
While a full dismissal of charges may not always be possible, it’s important to remember that there are often opportunities for negotiation. If there is insufficient evidence to support a conviction or if the evidence can be successfully challenged, we may be able to negotiate a plea deal or reduced charges. For example, a reduced charge such as reckless driving may carry less severe penalties and may allow you to keep your CDL. In cases where a conviction seems likely, we may still be able to negotiate for a lighter sentence. This could include reduced fines, community service, or other forms of alternative sentencing. As your attorneys, we will fight to ensure that you receive the best possible outcome given the circumstances of your case.The Importance of Administrative Hearings
In addition to the criminal case, a DUI charge for a CDL driver in West Virginia typically involves an administrative hearing with the Division of Motor Vehicles (DMV). This hearing determines whether your commercial driver’s license will be suspended or revoked. The administrative process is separate from the criminal court process, and you may face penalties even if the criminal charges are dismissed or reduced. At this stage, having legal representation is critical. We can help you prepare for the hearing, present your case to the DMV, and fight for the reinstatement of your CDL. In some cases, it may be possible to avoid suspension or reduce the length of time your license is revoked, depending on the facts of your case and your driving history.Related Videos
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