Tucson DUI with CDL Lawyer

Attorneys Representing Bus & Commercial Truck Drivers in Tucson, AZ

A driver who operates a bus, a tractor-trailer, a commercial truck or a van is required to possess a valid commercial driver’s license (CDL). Originated by the Commercial Motor Vehicle Safety Act of 1986, the issuance of a CDL recognizes the driver’s special training and skills in the safe maneuvering of large, heavy and commercial vehicles.

The regulations governing CDLs are intended to protect passengers, other motorists, and the public. With the added skill set required to possess a CDL, comes added responsibilities.

When charged with a DUI, commercial drivers not only confront potential criminal penalties but also face the risk of losing their CDL. Having a skilled Tucson CDL DUI attorney is crucial to protect your future.

Ready to protect your future? Contact us online or call us at (520) 999-2441 today to schedule a free legal consultation with a commercial DUI lawyer in Tucson.

Arizona DUI Laws that Affect Commercial Drivers

A regular driver 21 or over will be charged with a DUI if their BAC is .08 or above. There is literature suggesting that everyone is impaired for the task of driving when they are genuinely a .08 as a result of alcohol consumed before or while driving.

However, a CDL driver will be charged with a DUI if they are driving with a BAC of .04 — one-half of the minimum legal BAC that applies to other drivers.

A commercial driver can also be charged for driving under the influence of drugs. Suspicion of impairment caused by any type of drug — including over-the-counter and prescription medications — can result in a DUI arrest with serious repercussions.

Penalties for DUI with CDL in Arizona

A conviction for DUI can end your career as a commercial driver as you face the risk of losing your CDL. Depending on the circumstances of your charge, a conviction can result in incarceration, fines, probation and the installation of an interlock device in your vehicle.

The penalties associated with a DUI charge for commercial drivers can vary based on whether it’s a first offense or a subsequent one:

First Offense

• License Suspension: A first-time DUI conviction can result in the suspension of your CDL for a minimum of one year.
• Fines: You may be required to pay fines ranging from $250 to $1,000, plus additional court costs.
• Community Service: Courts often mandate community service hours for first-time offenders.
• Jail Time: While many first offenders may receive probation, some could face up to six months in jail.

Second Offense

• Longer License Suspension: A second DUI offense can lead to a CDL suspension for up to three years.
• Increased Fines: Fines can rise significantly, sometimes exceeding $2,000.
• Jail Time: A second offense may carry a jail sentence of up to nine months.

Third Offense and Beyond

• Permanent Disqualification: A third DUI offense can lead to permanent disqualification from holding a CDL.
• Severe Fines and Jail Sentences: Subsequent offenses often result in higher fines and longer jail terms, significantly impacting your life and career.

Long-Term Implications of a CDL DUI

A DUI charge can have long-lasting effects on a commercial driver’s career. A conviction may appear on background checks, making it difficult to secure future employment in the transportation sector. Additionally, insurance rates can rise dramatically, placing further financial strain on you and your family.

We are ready to defend you! Reach out online or call us at (520) 999-2441 now to arrange a free consultation with a Tucson CDL DUI attorney.

Refusal to Submit to BAC or Drug Tests

In Florida, as in many states, commercial drivers are subject to implied consent laws. This means that by obtaining a CDL, you automatically consent to submit to BAC or drug testing if you are pulled over under suspicion of DUI.

Refusal to comply with these tests can lead to immediate legal repercussions, regardless of whether you were actually under the influence. The most significant is the automatic CDL suspension for one year. This suspension is separate from any DUI charges that may arise from the traffic stop.

Key Stages of the Legal Process

The DUI legal process unfolds in several stages, each with specific timelines:

• Arrest and Initial Appearance: After a DUI arrest, you typically have an initial court appearance within 24 hours, where the judge informs you of the charges and may set bail. Legal representation is essential at this stage.
• License Suspension Notification: In Florida, your CDL will be automatically suspended for a minimum of one year upon arrest. This suspension is separate from criminal proceedings and can take effect immediately.
• Arraignment: This stage usually occurs within a few weeks after the initial appearance. You will formally enter a plea, and having a knowledgeable attorney can help determine the best course of action.
• Pre-Trial Motions and Discovery: After the arraignment, your attorney may file motions to suppress evidence. This phase can take several weeks to months, involving the exchange of evidence critical for building a defense.
• Plea Bargaining: Many cases are resolved through plea negotiations, which can prolong the process depending on specifics.
• Trial: If a plea agreement isn’t reached, the case will proceed to trial, often taking several months from arraignment to trial date, where both sides prepare their cases.
• Sentencing: If convicted, sentencing typically follows shortly after the trial, potentially within weeks, and may include fines, community service, and CDL suspension.
• Appeals: If convicted, you may appeal the decision within 30 days of sentencing. This can further extend the process depending on legal complexities.

Get Strong Defense For DUI Charges as a Commercial Driver

If you have been charged with DUI, then your commercial driver license and your livelihood are at stake. Our Tucson CDL DUI attorneys aggressively challenge the issues to preserve your rights, your liberty, and your job.

The attorneys at Nesci & St. Louis are 100% dedicated to criminal defense and DUI defense, and to representing individuals who have been injured or had their rights violated by the state or government.

Our lawyers possess over 40 years of combined experience in criminal defense trials. We handle the most challenging DUI cases involving commercial licenses, high blood or breath alcohol content (BAC), and serious DUI accidents.

Consult our DUI defense lawyers in Tucson, AZ about protecting your commercial driver license. Call Nesci & St. Louis today at (520) 999-2441 or contact us online to schedule your free initial consultation.