Make the Best Decision
For your Future and your Freedom
For your Future
and your Freedom

Commercial Driver DUI Defense in San Bernardino County

Blog

Driving under the influence (DUI) charges are serious for any driver, but they carry especially severe consequences for commercial drivers. In San Bernardino County, where the logistics and transportation industries are integral to the local economy, a DUI charge can be particularly devastating.

Commercial drivers not only face the typical legal repercussions but also risk losing their livelihood. Read on to explore the complexities of DUI defense for commercial drivers in San Bernardino County, examining the legal framework, potential defenses, and the importance of seeking expert legal representation.

The Legal Framework of Commercial DUIs

San Bernardino County, like the rest of California, adheres to strict laws governing DUI offenses. For commercial drivers, the legal threshold for intoxication is significantly lower than for non-commercial drivers.

Blood Alcohol Concentraction for Commercial Drivers

While a blood alcohol concentration (BAC) of 0.08% is the standard limit for most drivers, commercial drivers can be charged with a DUI if their BAC is 0.04% or higher. This lower threshold reflects the heightened responsibility commercial drivers have due to the nature of their vehicles and cargo.

Federal Regulations for Commercial Drivers

In addition to state laws, commercial drivers must also comply with federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) imposes stringent rules on commercial drivers, including mandatory reporting of DUI charges and potential disqualification from operating commercial vehicles. These regulations add another layer of complexity to DUI cases involving commercial drivers, making legal defense all the more critical.

Consequences of a DUI for Commercial Drivers

The consequences of a DUI conviction for commercial drivers are severe and far-reaching. At a minimum, drivers face fines, license suspension, and mandatory DUI education programs. For commercial drivers, a DUI conviction often results in the loss of their commercial driver’s license (CDL), either temporarily or permanently, depending on the circumstances and prior offenses. A conviction can lead to immediate job loss and significant financial hardship.

Long-Term Repercussions

Moreover, a DUI conviction can have long-term repercussions on a driver’s career. Many employers are reluctant to hire drivers with a DUI on their record, given the liability and insurance implications. This stigma can make it challenging for commercial drivers to find new employment, even after fulfilling all legal obligations and regaining their CDL.

Potential Defenses Against DUI Charges

Given the severe consequences of a DUI conviction, mounting a robust defense is crucial for commercial drivers. Several potential defenses can be employed, depending on the specifics of the case:

Challenging the Traffic Stop

Contesting the legitimacy of the traffic stop is one of the most popular defenses in DUI prosecutions. To stop a driver, law enforcement needs a good reason, often referred to as probable cause. A breathalyzer test result and any other evidence collected during the stop that can be shown to have been taken without probable cause could be excluded from use in court.

Questioning the Accuracy of BAC Tests

Breathalyzer and blood tests are not infallible. Various factors, such as improper calibration of the device, medical conditions, or even certain foods and medications, can affect the accuracy of BAC readings. An experienced DUI attorney can scrutinize the administration and results of these tests to identify potential errors or inconsistencies.

Examining Police Procedures

Law enforcement officers must follow specific steps when conducting DUI stops and administering tests. Any inconsistencies within these procedures can be grounds for challenging the validity of the evidence. For instance, if the officer failed to observe the driver for the required period before administering a breath test, the results might be deemed unreliable.

Field Sobriety Tests

Field sobriety tests are subjective, as the results are determined by the officer observing the person they pulled over. The ability to pass field sobrierty tests can be influenced by various factors unrelated to alcohol consumption, like fatigue, medical conditions, or even nervousness. Officers can also be biased in their observations. A skilled attorney can argue that the results of these tests are not a reliable indicator of impairment.

The Importance of Legal Representation

Given the complexity of DUI laws and the severe consequences for commercial drivers, securing expert legal representation is paramount. An experienced DUI attorney in San Bernardino County can navigate the intricacies of both state and federal regulations, identify weaknesses in the prosecution’s case, and fight for their client.

A competent lawyer will carry out a comprehensive examination of the traffic stop, the testing, and the evidence handling. In order to protect the driver’s CDL and job prospects, they will also bargain with the prosecution to seek lowered charges or alternative sentencing options like community service or probation.

Consult with Patrick Silva, Attorneys at Law

A DUI charge is a serious matter for any driver, but for commercial drivers in San Bernardino County, the stakes are exceptionally high. The potential loss of a CDL and the resulting impact on one’s career and livelihood make it imperative to mount a strong defense. Understanding the legal framework, potential defenses, and the importance of expert legal representation can significantly influence the outcome of a DUI case.

Commercial drivers facing DUI charges should seek the counsel of an experienced attorney who can navigate the complexities of the law, challenge the prosecution’s evidence, and advocate for their rights. With the right legal strategy, it is possible to mitigate the consequences of a DUI charge and protect one’s future in the commercial driving industry.

Our experienced team is here to help you defend yourself against a commercial driver DUI. We’ll review your unique circumstances, ensure your case is carefully examined by the court, and fight for your right to a fair trial. Call us today at 909-500-4819 to schedule a free consultation with Patrick Silva, Attorneys at Law.

Related Articles