DUI

West Virginia Commercial DUI Arrest: Steps to Take Immediately

Posted on by AccelerateEditor
Being arrested for a Commercial DUI in West Virginia can be an overwhelming and frightening experience. If you hold a commercial driver’s license (CDL), the consequences of a DUI conviction can affect your livelihood, your reputation, and your ability to support your family. At this critical moment, you may feel confused, worried, and unsure of what steps to take next. Rest assured, you are not alone. There are clear steps you can follow that will help you navigate this challenging situation, and we are here to provide the guidance and support you need.

Understanding the Impact of a Commercial DUI Arrest

When you hold a commercial driver’s license, you are held to a higher standard of responsibility when it comes to driving under the influence. The legal limit for blood alcohol content (BAC) is much stricter for CDL holders than for those with a regular driver’s license. For commercial drivers, the legal limit is 0.04% BAC, half the standard limit for non-commercial drivers. Even if you are under the influence of drugs or alcohol but under the legal limit for a regular driver, you can still face severe penalties if you’re behind the wheel of a commercial vehicle. This can make the stakes incredibly high for anyone arrested for a Commercial DUI. Along with the risk of facing fines, license suspensions, and even jail time, your commercial driving career could be in jeopardy. For many drivers, this can feel like a moment that could change everything. However, understanding your rights and taking the right steps immediately can significantly affect the outcome of your case.

What to Do Immediately After a Commercial DUI Arrest

Following a Commercial DUI arrest, your immediate actions are crucial in protecting your rights and minimizing the impact on your career. First, it is important to remain calm. Panicking won’t help the situation and can even worsen things. When you are arrested, your best course of action is to comply with law enforcement officers while asserting your rights. Remember, you do not have to answer any questions beyond basic identification and you have the right to remain silent. This is essential to ensure you do not accidentally say something that could be used against you later.
Harley Wagner

Harley Wagner

Defending West Virginia Residents for over 24 Years

 In addition to remaining calm and cooperative, one of the most important steps is to request a chemical test if you haven’t already been asked to take one. This could be a breathalyzer test, a blood test, or a urine test, depending on the circumstances. Refusing to take a chemical test can result in additional penalties, including a longer suspension of your commercial driver’s license. Once you’ve been arrested, you’ll likely be taken to jail or a detention facility, where you will have the opportunity to contact an attorney. Having an attorney on your side from this early stage is crucial in ensuring that your rights are fully protected. At this stage, it’s vital to make sure you document everything that happened during the arrest, as this information can be helpful later in your case.

The Role of a Defense Attorney in Your Commercial DUI Case

After being arrested for a Commercial DUI, it is essential to contact a qualified defense attorney who can help you navigate the complex legal process. A defense attorney will investigate the circumstances surrounding your arrest, look for any potential flaws in the case against you, and work to minimize the consequences you may face. In many cases, there may be evidence that could work in your favor. For example, the arresting officer may not have followed proper procedures when conducting the traffic stop or the breathalyzer test could have been faulty. These details are crucial in determining whether or not your case should be dismissed or reduced to lesser charges.

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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

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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

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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

 Furthermore, a defense attorney can represent you in hearings related to your commercial driver’s license. In West Virginia, if you are arrested for a Commercial DUI, your CDL could be suspended or revoked, depending on the details of the case. The law requires that you request a hearing to contest this suspension within a certain time frame, usually within 30 days of your arrest. Having an attorney handle this request ensures that you are given the best possible chance to retain your CDL, which is often necessary for maintaining your job and your livelihood.

What Happens Next in Your Commercial DUI Case?

Once you have retained an attorney, your case will proceed through the legal system. Depending on the circumstances of your case, there may be several options available to you. Your attorney may negotiate with the prosecution to reduce the charges, seek alternative penalties like community service, or even argue for a dismissal if there were procedural errors or violations of your rights during the arrest. If your case goes to trial, your attorney will represent you in court and work to cast doubt on the prosecution’s evidence. There are several defense strategies that may be employed, such as challenging the accuracy of the BAC test results or proving that you were not actually operating the vehicle at the time of the alleged offense.

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 If you are convicted of a Commercial DUI, the penalties can be severe. For a first offense, your commercial driver’s license could be suspended for a minimum of one year. For a second offense, this suspension could increase to life. In addition to the license suspension, you may face hefty fines, mandatory DUI education classes, and possible jail time. However, with a strong defense and legal representation, it is possible to reduce these penalties or even avoid a conviction altogether.

The Long-Term Consequences of a Commercial DUI

Even after the legal proceedings have concluded, the consequences of a Commercial DUI arrest may continue to affect your life. A conviction will remain on your driving record and could be visible to potential employers in the future. Additionally, if your commercial driver’s license is revoked, you may be unable to pursue a career as a truck driver or in any other commercial driving profession. This could have a significant financial impact on you and your family, particularly if driving is your primary source of income.

Case Results

DUI Felony 3rd Offense

Not Guilty

DUI 1st

Not Guilty

Aggravated DUI 1st

Charge Reduced

.08 DUI Causing Death

Case Dismissed

DUI Felony Fleeing / Attempted Murder by Vehicle

All Charges Dismissed

.14 Felony DUI Causing Death Case

Reduced to Misdemeanor

 However, with the right legal representation, it is possible to minimize these long-term consequences. In some cases, your attorney may be able to negotiate for a restricted license, allowing you to drive under certain conditions so that you can continue to work while your case is being resolved. Additionally, even after a conviction, you may be able to apply for a reinstatement of your CDL after serving your suspension, depending on the specifics of your case. At The Wagner Law Firm, we understand how difficult and stressful it can be to face a Commercial DUI arrest. You may be feeling overwhelmed, but remember that you don’t have to go through this alone. Our team is here to help you navigate the legal process and work toward the best possible outcome for your case. We will review every detail of your case, look for weaknesses in the prosecution’s evidence, and fight to protect your rights and your career. If you have been arrested for a Commercial DUI in West Virginia, don’t wait. Contact us today to schedule a consultation and start taking the necessary steps toward securing a positive outcome for your case.

To learn more about this subject click here: What Are Your Rights After a Commercial DUI Arrest in West Virginia?