Utah DUI defense attorney hours

DUI While Driving A Private Vehicle, Off-Work

If you have a commercial driver’s license (CDL) when you are arrested for drunk driving in your personal vehicle, your driver’s license and your CDL will most likely be immediately suspended regardless of whether it is your first offense or not.

You may be able to obtain a temporary permit for driving your personal vehicle, but not a temporary permit for a commercial vehicle license. Obviously, a DUI can have a big impact on your ability to work if your drive a vehicle for a living, and even more so if you have a CDL for driving a commercial vehicle.  Truck DUI Lawyer In [categories]

DUI defense attorney facts

If you refuse sobriety testing during a DUI investigation, you automatically forfeit your driver’s license and your CDL license for one year in most states. If you are convicted of a second DUI, you will no longer be able to obtain a CDL license.

In many cases you are able to get your CDL reinstated within a few months following a DUI conviction in your personal vehicle.

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There are a number of legal issues that should be reviewed immediately after a DUI arrest if you have a CDL — factors such as whether or not you refused a breath test, what tests were used, what the results were, etc. Regardless of where you are arrested, the DUI driving offense will be reported to the state that issued your CDL. You may be able to obtain a temporary permit to drive your personal vehicle, but not a “temporary” CDL. Seek legal advice to determine if there are options for protecting your CDL in your home state.

In most states, you are entitled to an Administrative License Revocation (ALR) hearing within 15 days of your arrest. The hearing will determine whether or not your driver’s license and CDL should continue to be suspended. This hearing process is separate from your Utah DUI criminal driving offense hearing. At the ALR, the arresting officer is questioned under oath and a defense attorney may raise legal questions and issues related to the procedures followed, and bring into question whether or not the DUI can be proven in the criminal court.

DUI While Driving A Commercial Vehicle

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If you are driving a commercial vehicle when arrested, your CDL license is immediately suspended and you may be able to quickly obtain a temporary driving permit only for use of a personal vehicle.

One important factor is that the legal blood-alcohol level for a CDL is usually lower than the level for private vehicles, 0.04% instead of 0.08%. In most states there is an automatic a one-year suspension of your CDL if you refuse a blood-alcohol test. The outcome of your criminal DUI case may also determine the future of your CDL.

DUI in General

There is a lot at stake in any DUI, whether driving a personal or commercial vehicle. If you are a repeat DUI offender, you could lose your CDL for life upon conviction. There may be factors that will allow your attorney to protect both your personal driving privileges and your CDL, and are dependent on whether or not you receive prompt legal assistance. Be prepared to pay for those services.

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I am a DUI attorney. This means I have a lot of specialized knowledge that a lot of people like. I'm a hit at cocktail parties. People enjoy asking me questions to learn about what they should do if they are ever pulled over and investigated for DUI. But rarely do people ask me what I do if they are charged with DUI. Today I'm going to answer that question.

When you are charged with a DUI you become a cog in a very big system. The prosecutor assigned to your case is often overwhelmed and not very concerned with your particular case (unless it has drawn their special attention for some reason). This means they are often willing to bargain with your DUI lawyer to make sure they get the penalty they want and you avoid the penalties you don't want.

But this isn't as simple as calling the prosecutor, telling him you know he's overworked and he should strike a deal with you. There is a lot more to it than that. It involves looking at the case with a fine toothed comb, finding all the holes and inconsistencies with the case, and then letting the prosecutor know about some or all of them so they begin to understand their case isn't as clear cut as they think.

This is done in several ways. Your DUI lawyer will look at the reason for the stop, how the transition was made from traffic stop to DUI investigation, if field sobriety tests were administered and when the arrest was made how the breath test was administered. Typically officers will make several mistakes throughout this process, some of which may even serve to get evidence suppressed and the case dismissed.

This is why it is critical to get a criminal lawyer that will fight for you and do what it takes to inform the prosecutor how weak his case is. This will ensure you get the best deal or result possible.

DUI defense lawyer information

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In the past the only person that could be held liable for damages when a drunk driving crash occurred was the intoxicated individual driving. After the accident, the drunk driver could face criminal charges as well as subsequent civil charges for damages, both physical and emotional. But many states felt that the current law at the time which only targeted the driver was not adequate enough to truly reduce the rates of drunk drivers. Legislators felt that more than one party should be responsible in certain cases of serious car accidents involving alcohol. As a result, current dram shop laws were passed in a number of states.

"Dram shop" is a hold over term from colonial times when alcohol serving establishments (called shops) used units of liquid measurement called drams to serve alcohol. The earliest laws came about in the 19th century in conjunction with the temperance movement. Current dram shop laws make it possible for bar owners and bar tenders alike to be held financially liable in certain DUI crashes. The law is such that if a bartender allows someone to become grossly intoxicated at their establishment and that individual leaves the bar and injures someone or causes property damage with his or her vehicle, the bar and bar tender can be sued for damages.

Individual States and Dram Laws

Today there are currently 43 states (and Washington D.C.) in the United States that have enacted dram shop laws. These laws vary from state to state, as does their actual enforcement. Some states use these laws to focus more on establishments who serve alcohol to minors who then cause accidents. In some states, minors even have the right to sue the establishments themse4lves for injuries sustained while intoxicated.

The idea behind dram laws was to protect the general public at large from minors who are served alcohol or adults who are served large amounts. The enforcement and enactment of many of these laws was mainly driven by the non-profit group Mothers Against Drunk Driving or MADD.

Shop laws have experienced intense criticism from organizations and individuals advocating the role of personal liability. Bar owners and bartenders have also argued that it is near to impossible to accurately judge the extent of an individual's intoxication before they leave the bar. They feel that any liability they have what drunk patrons do after they leave the bar is unjust.