When a person wishes to operate a commercial vehicle, they are required to obtain a certain license. This is a Commercial Drivers License (CDL). In order to keep this license, drivers are required to follow certain rules. Like all other drivers, this involves not operating the vehicle while under the influence of drugs or alcohol. If the driver of a commercial vehicle violates this law, they can be charged with a DUI. If you have been charged with a Commercial DUI, it is important to retain the services of an experienced Pennsylvania DUI defense attorney for help with your case.
Consequences of a Commercial DUI
It is illegal for anyone in the state of Pennsylvania to drive while under the influence. In Pennsylvania, the normal minimum blood alcohol concentration (BAC) for a DUI is .08%. However, for CDL drivers, this rate is lowered to .04%. In the event of a conviction, the consequences the individual may face can be severe. A first-time conviction can result in a one-year suspension of the driver’s CDL license. This may be three years in the event that the vehicle they were driving was a hazmat vehicle. For a second conviction, the individual can face a lifetime CDL ban.
It is important to know that CDL drivers who have a BAC between .04% and .159% can be treated as a “High Rate” DUI case. This is the second tier for regular drivers who usually have a BAC between .10% and .159%. In these cases, the CDL driver can face mandatory jail time even if it is their first offense.
DUI Defenses in Pennsylvania
It is crucial to have an experienced attorney at your side when handling DUI charges. This is because there are several different possible defenses that may be used for your case. To determine them, this begins by assessing the circumstances surrounding your stop and arrest. If any events occurred that could invalidate the evidence found at the stop, it can be important to know. This may include an illegal stop, the failure to issue Miranda warnings, improperly administered field sobriety tests, and more.
Contact our Firm
Attorney Newman has represented clients in Pennsylvania for over 45 years. If you need an experienced attorney to help guide you through the personal injury claims process or with any criminal defense matters, Attorney Newman is ready to help. Contact The Law Office of Neal E. Newman today to schedule a consultation.