How Has Your Experience Been In Handling CDL DUI Cases?
I have successfully represented countless CDL drivers in different cases, including DUIs. My goal with CDL drivers is to keep their license valid, and their records clean. A commercial driver’s license holder is in great jeopardy of losing their license, and having their CDL disqualified if they are charged with a DUI. Many lawyers do not have the knowledge, or experience that I do when it comes to representing CDL drivers in DUI cases. I have produced positive outcomes for many of my CDL clients, because I also know how to handle these cases properly.
Do Commercial Driver’s License Holders Have Additional Regulations To Follow?
Yes, all commercial drivers’ license holders have additional regulations then the rest of us do. Commercial drivers are held to a higher standard. To me, it makes sense if you are accused of driving under the influence, while driving a commercial vehicle, that you would be able to lose your license. However, in Illinois, your CDL is subject to disqualifications based on a DUI, even if that DUI occurs in your personal vehicle, and on your own time, and has nothing to do while working. CDL holders are at risk of having a commercial endorsement disqualified in addition to having all their driving privileges suspended, if arrested for a DUI.
What Is The Acceptable BAC Level For CDL Drivers?
When driving personal non-commercial vehicles, CDL drivers are subject to all regular DUI laws, meaning that the blood alcohol limit is 0.08%. If you refuse any chemical testing, you are looking at a minimum of twelve months of a license suspension. If you fail, or are over the limit of a chemical, or breath test, it is a minimum of a six month suspension. There are separate rules, and penalties when a driver is accused of drinking, and driving a commercial motor vehicle or CMV.
Refusal to submit to a chemical test while operating a CMV results in a twelve-month disqualification of your commercial license. In addition, your CDL would be disqualified if you have a BAC that is over 0.04%, or any amount of cannabis, or a controlled substance that shows in your blood, or urine. If transporting hazardous materials, the disqualification is for thirty-six months. In addition, any amount of alcohol, even an amount under 0.04% while driving a commercial motor vehicle, will result in an out-of-service order for twenty-four hours.
What Are Some Of The Biggest Mistakes That CDL Drivers Make During A Traffic Stop?
The most important thing any CDL driver should do when stopped by the police is treat the officer with respect, and courtesy, even if you think the officer is rude, or disrespectful to you, always remain calm and cordial. As you can imagine, the officer has the upper hand, and will be given the benefit of the doubt if questioned in court. You are not going to be able to argue, or talk your way out of the situation. After that, if it is obvious that the officer is conducting a DUI investigation, you should be careful what you do, or say, because just like the movies, it will be used against you.
Now, it is inappropriate for me to give any legal advice in this format, but I can discuss what you have to do in terms of what the officer is asking you to do. We can talk about what is required for you to do, and what is not required. For example, in every DUI case, the less evidence that the prosecutor has against you, the better chance that I have to obtain a not guilty verdict, rescind the summary suspension, or reverse a stereo-disqualification. If a police officer asks if you have been drinking, you do not have to answer that.
Another example is if you are asked to perform a field sobriety test, like the Horizontal Gaze Nystagmus test, otherwise known as the eye test, the Walk, and Turn test, or the One Leg Stand test, you are not required to perform those tests. Those can be refused without any collateral consequences. Same with the PBT (Preliminary Breath Test). There is no implied consent, or other requirement to submit to a preliminary breath test. It can be refused without consequences.
For more information on CDL DUI Cases In Illinois, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (815) 290-9170 today.
The Macneil Firm is providing CDL DUI offense cases representation in the areas of Will County IL, Cook County IL, Kankakee County IL, Lake County Indiana and Porter County Indiana.
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