CDL DUI — DUI and Commercial Driver’s License

PROVIDING DEFENSE OF WISCONSIN COMMERCIAL DRIVERS LICENSE DUI

Protecting your CDL & Livelihood

As a commercial driver, you need to protect your CDL and your employment to provide for your family. If you have been arrested for operating under the influence either on your Class D license or on your CDL, call Michael Hayes immediately to discuss the implications and to develop an effective legal strategy for CDL DUI.

Commercial driver charged with OWI during Class D operation

If you are charged with first offense operating under the influence arising from the non-commercial use of a motor vehicle, you need to take immediate action to prevent an administrative suspension from going into effect 30 days after the date on the Notice of Intent to Suspend. Similarly, if you are charged with refusing to submit to a chemical test, immediate action is required. In both instances a request for a hearing must be filed within 10 days.

If there is an administrative suspension, an OWI conviction or a refusal revocation, there is a one-year disqualification from CDL operation. No occupational license is available for CDL operation. Furthermore, if your Class D operating privilege is suspended or revoked as a result of an administrative suspension, an OWI conviction or a refusal conviction, it is unlikely that you will be able to obtain employment as a commercial driver for many years. This is because the insurance carrier for your current or prospective employer will refuse to offer insurance coverage for your operation of a vehicle or will quote a premium at too high a cost.

If you incur a second conviction for OWI with a violation date after Sept. 30, 2005, you will have a lifetime disqualification for a CDL. Milwaukee lawyers who are experienced in CDL OWI cases can be a valuable asset. Your potential penalties include fines, suspensions, ignition interlock devices, drug treatment and incarceration.

Call CDL DUI Attorney in Milwaukee knowledgeable about CDL impact today for a free consultation.

A conviction results in lifetime disqualification for a commercial driver charged with OWI during CDL operation. Michael Hayes Law offers a free initial consultation to discuss your case and get you prepared to fight the accusations against you. You can call us at 414.405.5678 or contact us online to schedule an appointment.

RECENT DUI AND COMMERCIAL DRIVER’S LICENSE RESULTS

Trucking career saved—CDL preserved

It is illegal to operate a commercial motor vehicle with a blood alcohol concentration over .04. This is a two-beer limit for most individuals. A trucker came to us with a .07 reading and with an admission that he had consumed five or six beers within one hour. He would obviously lose his job and the $70,000 per year income that his family needed if he were convicted. Trucking companies are prohibited from hiring a driver with such a conviction. We retained the services of a board certified forensic toxicologist who testified that at the time of driving—as opposed to the test taking time 90 minutes later—the trucker’s blood alcohol concentration would have been .03. We were fortunate to have such fine expert testimony and we were able to exploit the inexperience of the police officer. Our client and his family were extremely grateful when a finding of not guilty was entered and he was able to retain his CDL privileges and his employment.

Saving our client’s CDL in Washington County

A Washington County circuit court judge in West Bend recently granted our motion to suppress all evidence arising from the arrest of a motorist for operating under the influence (second offense) with a BAC of .20. A second offense conviction, even though arising from operating the motorist’s personal vehicle, would have resulted in a lifetime ban on obtaining a Commercial Driver’s License which would have significantly reduced our client’s earning capacity. We convinced the Court that while the Washington County sheriff was entitled to follow a motorist after receiving a tip from two citizen witnesses regarding what appeared to be the intoxicated condition of our client, the deputy had failed to observe more than mere weaving within the lane during a four-mile stretch and this did not provide a reasonable, articulable suspicion of wrongdoing which would have entitled the deputy to stop our client. A careful distinction was made regarding the potential unreliability of citizen informants in this case and we were able to convince the judge that the informants had motive to fabricate and the deputy should have questioned their reliability.

TESTIMONIALS

Speeding Ticket for CDL Driver Amended to Parking Violation

“Thank you for much for the great result. Our CDL client and our firm are very pleased with the results. We will refer all our clients with Wisconsin traffic matters to you in the future,” from an attorney for nationwide trucking firm in January 2015.

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