Facing a DUI charge is challenging for any driver, but for commercial drivers, the stakes are significantly higher. Commercial DUI charges not only threaten your ability to drive a commercial vehicle but also jeopardize your livelihood and future career prospects.
In Arizona, the legal blood alcohol content (BAC) limit for commercial drivers is just 0.04%, half of the limit for non-commercial drivers.
Understanding the defense strategies available is crucial for anyone charged with a commercial DUI. With over 3,000 successful defenses and extensive experience in DUI law, attorney Arja Shah of Arja Shah Law has the expertise needed to protect your rights and driving career.
This article will cover the following subtopics:
- What is a Commercial Driver DUI?
- What Happens to Your Commercial Driver’s License After a DUI Charge
- Does a Commercial DUI Affect My Regular Driver’s License?
- What DUI Defense Strategies Can Be Used
- What is the Best Outcome for a DUI Case?
- Contact Arja Shah If You Have Been Charged With a DUI
What is a Commercial Driver DUI?
A Commercial Driver DUI is a charge faced by individuals who hold a Commercial Driver’s License (CDL) and are accused of driving under the influence of alcohol or drugs.
Unlike regular DUI charges, the blood alcohol concentration (BAC) limit for commercial drivers is significantly lower. In Arizona, the legal BAC limit for CDL holders is 0.04%, compared to the 0.08% limit for non-commercial drivers.
This stricter limit reflects the increased responsibility and potential risks associated with operating commercial vehicles. Commercial drivers can face DUI charges while driving either a commercial or a non-commercial vehicle, making it crucial to understand the specific legal implications.
What Happens to Your Commercial Driver’s License After a DUI Charge
The consequences of a DUI charge for commercial drivers can be severe, impacting both their professional and personal lives.
Upon a DUI arrest, a commercial driver’s license may be suspended or disqualified. Under Arizona Revised Statutes § 28-1381, a first-time DUI offense can lead to a one-year disqualification of the CDL. For drivers transporting hazardous materials, this disqualification extends to three years.
A second DUI offense can result in a lifetime disqualification of the CDL.
Additionally, drivers may face fines, mandatory alcohol education programs, and even jail time.
Does a Commercial DUI Affect My Regular Driver’s License?
Yes, a commercial DUI can affect your regular driver’s license. When a commercial driver is charged with DUI, the repercussions often extend beyond the commercial driver’s license (CDL) to their personal driving privileges.
In Arizona, a DUI conviction leads to a mandatory license suspension for both commercial and non-commercial driving.
Under Arizona Revised Statutes § 28-1381, a commercial driver convicted of DUI may face a one-year suspension of their CDL, with stricter penalties if hazardous materials are involved. Additionally, the regular driver’s license may also be suspended, resulting in significant disruptions to daily life and employment.
What DUI Defense Strategies Can Be Used
Defending against a Commercial Driver DUI charge requires a strategic and thorough approach. Experienced attorneys, like Arja Shah, employ various defense strategies to challenge the prosecution’s case. Below are some effective strategies that can be used:
① Questioning the Traffic Stop
The legality of the initial traffic stop can be contested. If the stop lacked reasonable suspicion, any evidence gathered may be deemed inadmissible. Challenging the basis for the traffic stop can significantly weaken the prosecution’s case.
② Challenging BAC Results
The accuracy and administration of breathalyzer or blood tests can be scrutinized. Issues such as improper calibration, maintenance, or administration errors can invalidate results. An experienced attorney will investigate the procedures used and the reliability of the equipment.
③ Field Sobriety Test Reliability
Field sobriety tests are subjective and can be influenced by factors like medical conditions, fatigue, or environmental conditions. Challenging these tests can weaken the prosecution’s case. An attorney can argue that the results were not a true reflection of impairment.
④ Violation of Rights
Any violation of the defendant’s rights during the arrest process, such as failure to read Miranda rights, can be used to suppress evidence. Ensuring that all procedures were followed correctly is crucial for a fair defense.
⑤ Alternative Explanations
Presenting alternative explanations for observed behaviors or BAC levels, such as medical conditions or ingestion of legal substances, can provide reasonable doubt. This approach can help demonstrate that the BAC reading or observed impairment was not due to alcohol or illegal drugs.
Each case is unique, and a tailored defense strategy is essential for achieving the best possible outcome.
What is the Best Outcome for a DUI Case?
The best outcome for a DUI case can vary depending on the specifics of the situation, but generally, it involves minimizing or eliminating the negative consequences.
Ideally, a complete dismissal of charges is the most favorable result, which can occur if evidence is deemed inadmissible or if procedural errors are found.
Another positive outcome is a reduction in charges, such as having a DUI charge lowered to a reckless driving offense, which carries less severe penalties and can help protect your driving career.
Plea bargains can also be beneficial, potentially leading to reduced sentences or penalties. Ultimately, the best outcome preserves your commercial driver’s license, reduces or avoids jail time, and minimizes fines and long-term repercussions.
With the expertise of an experienced defense lawyer like Arja Shah, who has successfully defended thousands of clients charged with DUI, achieving the best possible outcome becomes a more attainable goal.
Contact Arja Shah If You Have Been Charged With a DUI
Arja Shah is dedicated to providing high-quality and affordable defense. Her extensive experience, including teaching at defense attorney conferences and working in the Vehicular Crimes Unit, equips her with the skills needed to defend your case effectively.
Contact Arja Shah Law today at (602) 560-7408 to schedule a consultation and explore your defense options.
