Denver Commercial Driver DUI Attorney
Are you a commercial driver and accused of DUI?
It is a very serious offense if you are a commercial driver and receive
a Driving Under the Influence (DUI) or DWAI conviction in Colorado. The
law is very strict concerning these drivers, much more so than the laws
covering a driver of an automobile. The reason behind the very strict
legislation is because of the horrendous damages a commercial vehicle
can cause if it is involved in an accident.
The sheer size of the vehicle alone increases the force behind an impact,
and injuries, damages, and even death are more likely to occur. If the
accident was the result of the commercial driver being under the influence
of alcohol or drugs, the law will come down hard on him or her. If you
are arrested as a commercial driver for DUI, you need to immediately
contact a skilled DUI lawyer in Denver to defend you. An aggressive
DUI defense can mean not losing your license and staying out of jail.
Driving Under the Influence of Drugs or Alcohol - Commercial Drivers
Driving under the influence of alcohol isn't the only crime. Commercial
drivers are quite often pressured to meet deadlines for delivering goods,
which leads to driving periods that go beyond the normal person's
ability to stay awake for many hours while behind the wheel. As a result,
drivers will often resort to taking various kinds of stimulants, including
legal, over-the-counter products. You could be charged with driving under
the influence of drugs if stopped by law enforcement. It does not matter
that the drug is legal, over-the-counter or even prescribed by a medical doctor.
In Colorado, the legal limit for blood alcohol content (BAC) is 0.08% for
regular drivers. The BAC level is reduced for commercial drivers to 0.4%.
You could be charged with DUI even while driving your own automobile and
your BAC registers at or over 0.4%. This adds a significant risk to commercial
drivers who may not be intoxicated but register at .04% or above while
operating any vehicle.
As a commercial driver, if your BAC has been registered at 0.17% or higher,
an ignition interlock device could be installed on your vehicle. You cannot
get your commercial driver's license reinstated until you have completed
the required program involving the ignition interlock device. You will
be forced to pay all costs, which are significant.
Penalties for Commercial Driver DUI
There are heavy penalties imposed upon commercial drivers who are accused
of operating any vehicle while over the legal limit.
Some of the penalties that could be levied against you include:
- Mandatory minimum jail time
- First time offense - 1 year suspension of your commercial license
- Second time offense - permanent revocation of your commercial license
- A commercial driver must be retested before being able to legally drive
again if his license was revoked or suspended for more than one year.
If it was suspended for less than one year, the driver can be automatically
Building a Strong Defense Against Your Commercial DUI
There are a number of different factors to take into consideration when
defending a commercial DUI case. They could include challenging what the
police officer's "reasonable suspicion" was for pulling
you over in the first place. Another possibility is examining how the
field sobriety tests or
breath tests were administered. Sometimes the equipment is faulty or the tests are
improperly administered. There could be errors in analyzing the blood/breath
tests as well. If there was fault with any of these points, your case
could be dismissed.
If you have been arrested for DUI as a commercial driver, you need to contact
a Denver DUI lawyer immediately. At the Law Office of Christopher H. Cessna,
Mr. Cessna is well acquainted with the complexities of DUI cases and has
had numerous successes in litigating DUI charges as well as having charges
dismissed prior to any trial. Remember, you are innocent until proven guilty.
Contact us to see how we can help you.