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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]

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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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DUI is the abbreviation used for the term Driving Under Influence. It is sometimes also called as DWI (Driving While Intoxicated). It is the act of driving the motorized vehicle during or after the consumption of alcohol or drug or both.

DUI is criminal offense in many countries and the person can be charged high fines or imprisonment for this crime. Driver has to lose his license for specific time period or permanently depending on the severe-ness of the crime.

The person is considered drunk when his BAC count is above 0.08. The penalties for DUI charge can vary from state to state. The period of suspension of license of the driver can vary depending on the percentage of the BAC count, state in which you live and the severe-ness of the crime. The BAC limit of 0.08 is same for all countries.

How Long Will I Lose My License?

The charges for the DUI can be as follows:

• Imprisonment: Maximum of 6 months
• License suspension for 12 months if BAC count is within the range of 0.08 to 0.15
• License suspension for 18 months if BAC count is within the range of 0.15 to 0.19
• License suspension for 24 months if BAC count is greater than 0.20
• Fine can be charged ranging from $500 to $1500

The length of the suspension of the license can vary depending on the charges. It can be increased from the above mention period in some cases. In some states, license suspension is obligatory if the driver refuses for the breath analyzer test.

If you possess the commercial driver's license, you may face additional suspensions for the charge of drunk driving. All countries have made it mandatory to suspend the license of the driver found guilty under DUI charge. Typically, the suspension period can vary from 30 days to one year if you are charged first time for DUI.

The Rules Revocation of License under DUI Charge:

• First DUI conviction results in license cancellation for 1 year
• Second DUI conviction results in license cancellation for 5 years
• Third DUI conviction results in license cancellation for 10 years
• Fourth DUI conviction results in license cancellation for lifetime

Your license can also be revoked for the first DUI conviction in some countries. It can also be cancelled if you refuse for the chemical test after your arrest. Repeated convictions can lead to the revocation for long term or lifetime. It is also possible to reduce the period of your license suspension or complete dismissal of your revocation, but the sudden action is needed to check these options. You can consult with your lawyer for these options. Your lawyer should request a DMV hearing within 10 days of completion of your hearing. Failing to do this can leave you without any further options.

It is not that you will lose your license if you are charged for DUI. There are various ways where you can defend against these charges. You can consult with your attorney for the substitute ways.

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If you have been arrested for a crime, and subsequently found guilty. Whether that was through a plea deal, or convicted after trial there is still one more hearing you need to go through. That is the sentencing hearing where the Judge will impose your sentence. Depending on the type of crime this can range anywhere from no sanction, to many years in prison.

At the sentencing hearing the Judge will ask the defendant if he or she has anything they wish to say regarding their sentence. In that situation the defendant has the right to say something, or they can choose not to say something. In my experience I find it helpful if the defendant chooses to say something. Here are some tips when thinking of something to say to the Judge.

Apologize for your actions: This is important because the Judge wants to know you that are sorry for what you did. Not just sorry because you got caught. By apologizing to the Judge for your actions you're showing the Judge that you are being accountable for your actions, and willing to take responsibility.

Explain your background: Typically most Attorneys will inform the Judge of the defendant's background, the incident in question. But I think its helpful if this information comes from the Defendant. If you're convicted of a DUI, and you suffer from alcoholism tell the Judge. Tell them how you struggle with this disease, and you're doing everything possible to get it under control.

Discuss positives that come from this experience: Obviously being arrested and convicted of a crime doesn't have many positives. But if you can tell the Judge what you learned from this, and how you will not make the same mistake twice this is very helpful. For example if your convicted of a DUI, and you tell the Judge now you recognize how much alcohol can be in your system for you to be affected by it. Or you discuss what you learned at the alcohol drug treatment, or classes. These actions will be more powerful than any words you can say. Which brings me to my next point.

Complete aspects of sentence before sentenced: In a typical first offense DUI case, most Judges will impose an alcohol and drug assessment, and alcohol classes. If you can get these classes done before they are even imposed then this will reflects more favorably for you.

You will never do this again: This kind of goes hand in hand with apologizing to the court. But I find Judges are really receptive if a defendant tells them they will never appear in this court again. Now obviously if you have a prior criminal history this will not be as effective. But if you have never been in trouble before than this will go along way to ensuring the Judge.

The biggest tip I can provide is be genuine. If you don't feel any of the above things, then don't fake it. A Judge can pick up on it, and will hammer you.


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