When your life is on the road, it can be more difficult to separate time on and off the clock. When a night to unwind after driving goes too far, you may not have the same resources for getting home. With strict DUI laws in place both federally and in the state of Oklahoma, you can quickly be looking at the end of your driving career.
The Federal Motor Carrier Safety Administration (FMCSA) has mandated a stricter rule for commercial driver’s license holders. For commercial drivers, the blood alcohol content limit is .04 percent. This means you will hit the legal limit a lot faster. This is why it is crucial to have an experienced Oklahoma DUI defense lawyer ready to fight for you. Contact us today.
Understanding BAC Limits for CDL Drivers
Oklahoma commercial drivers should understand how this lower BAC limit may affect them. At .04 percent, a 180-pound male might reach the legal limit after just one standard drink in an hour. For a 140-pound female, it could take even less. This difference from the standard .08 percent limit for non-commercial drivers means that CDL holders must exercise extreme caution when consuming any amount of alcohol.
A Hazard To Your Livelihood
Unfortunately, the BAC limit is not the only piece that causes bigger problems for you as a CDL driver. The consequences are also severe. It can quickly become complicated when you are trying to fight charges and still keep your job.
Criminal Penalties
Oklahoma DUI laws have harsh consequences for impaired drivers. Even first-time offenders face severe penalties, with subsequent violations resulting in even harsher punishments. In Oklahoma, a second DUI arrest within a decade elevates the charge to a felony under state law.
Initial Violation
A first-time DUI offense is classified as a misdemeanor in Oklahoma. Convicted drivers face jail time ranging from a minimum of 10 days to a maximum of 12 months. In addition, you may be required to pay a penalty of up to $1,000.
Subsequent Violation
If a driver is found guilty of a second offense within a 10-year period, the charge increases to a felony. A felony has more severe penalties, including a prison sentence of one to five years and a potential fine of up to $2,500. This is when you would need a repeat DUI defense lawyer in Oklahoma.
The Long-Term Impact of a Felony DUI
It’s important to understand that a felony DUI conviction can have far-reaching consequences. As a felon, you may have a much more difficult life. Some of the common issues that a felony DUI could lead to include:
- Difficulty finding housing, as many landlords conduct background checks and may be hesitant to rent to individuals with felony convictions.
- Challenges in obtaining loans or credit, as financial institutions often view felons as higher-risk clients.
- Loss of certain civil rights, such as the right to vote or own firearms.
- Being banned from certain professional licenses or certifications, limiting your career options even further.
These long-lasting effects prove the importance of having a strong defense against DUI charges, especially for CDL holders facing a potential second offense.
Additional Consequences for CDL Drivers Facing DUI Charges
For commercial drivers in Oklahoma, a DUI conviction carries penalties that extend beyond fines and potential jail time.
As a CDL driver, you’ll face an immediate one-year suspension of your license if you are found guilty of driving under the influence.
A subsequent DUI conviction results in a permanent loss of your CDL. It’s crucial to understand that these severe consequences apply even if the second offense occurs in a personal vehicle rather than a commercial one.
The consequences for CDL drivers operating vehicles transporting hazardous materials at the time of arrest are even more severe. In this case, a first-time DUI conviction leads to a three-year CDL suspension, while a second offense results in a lifelong ban from holding a commercial license.
These legal consequences can have devastating effects on a commercial driver’s career prospects. Many employers in Oklahoma have zero-tolerance policies regarding DUI convictions, often leading to immediate termination of employment. Additionally, future employers may be hesitant to hire CDL drivers with a DUI on their record.
Insurance Implications
Another often-overlooked consequence of a DUI for commercial drivers is the impact on insurance. If you’re able to retain your CDL after a DUI, you will likely be required to pay much higher insurance premiums. Some insurance companies may refuse to cover you altogether, making it nearly impossible to find work as a commercial driver.
The Importance of Immediate Action
If you’re a commercial driver facing a DUI charge, time is of the essence. The actions you take after an arrest can significantly impact the outcome of your case. Here are some crucial steps to consider:
- Exercise your right to remain silent. Anything you say can be used against you in court. Politely refuse to answer questions without your attorney present.
- Request an attorney immediately. Having legal representation from the start can help protect your rights and begin building your defense strategy.
- Document everything. Write down everything you remember about the incident as soon as possible, including any potential witnesses or unique circumstances.
- Attend all required court appearances. Missing a court date can result in additional charges and complicate your defense.
- Consider treatment options. Voluntarily entering an alcohol education or treatment program can sometimes be viewed favorably by the court.
- Explore alternative transportation. If your license is suspended, make arrangements for another means of transportation to maintain your employment if possible.
Remember, a DUI charge is not the same as a conviction. With great legal representation and a strong defense strategy, it may be possible to have charges reduced or dismissed. This is essential in helping save your CDL and your career.
Having a strong defense and seeking an acquittal at trial may be the best strategy for CDL holders facing DUI charges. You need to seek the advice and representation of an experienced DUI defense attorney for the best chances of a positive outcome.
Although the rules may vary from one company to the next, depending on the conviction and your earlier record, you could face losing your CDL for life. A skilled Oklahoma CDL DUI defense attorney can help you seek the best result possible.While it is best to seek help as soon as possible, we can help you understand your options at any stage of a DUI charge.
How a CDL DUI Defense Attorney in Oklahoma Can Help Commercial Drivers
For CDL drivers, a DUI arrest can be a career-threatening event. An experienced DUI criminal defense attorney can provide important assistance in many ways, including:
- Immediate Intervention. A DUI defense attorney can intervene immediately after your arrest, potentially reducing damage to your career. They can advise you on how to communicate with your employer and may be able to prevent automatic termination policies from being enforced.
- Challenging the Traffic Stop. Your attorney will review the circumstances of the initial traffic stop. If the stop was conducted without probable cause, it may be possible to have the entire case dismissed.
- Questioning BAC Testing Procedures. Your DUI defense lawyer should be well-versed in the details of breathalyzer and blood testing procedures. They may be able to challenge the accuracy of these tests, the calibration of equipment, or the chain of custody for blood samples.
- Negotiating with Prosecutors. An experienced DUI defense attorney may be able to negotiate a plea deal that reduces charges or penalties, potentially saving your CDL.
- Representation at DMV Hearings. In addition to criminal proceedings, your Oklahoma DUI defense attorney can represent you at DPS administrative hearings and fight to prevent or reduce license suspensions.
- Exploring Diversion Programs. Some jurisdictions offer diversion programs for first-time offenders. Your attorney can help you explore these options, which might allow you to avoid a conviction.
- Preparing for Trial. If your case goes to trial, an experienced and dedicated DUI defense attorney will develop a strong defense strategy, cross-examine witnesses, and challenge the prosecution’s evidence.
- Negotiating Sentences. If conviction is unavoidable, your attorney can argue for minimal sentencing, potentially including alternatives to jail time that might allow you to keep your job.
- Post-Conviction Relief. Even after a conviction, a criminal defense attorney can help with expungement or appeal the decision, which could be crucial for your future employment prospects.
By leveraging our experience in both DUI law and the specific challenges faced by CDL holders, Fabian & Young attorneys can be your strongest ally in protecting your career and future.
Our Oklahoma CDL DUI Defense Lawyers Are Ready To Help
The experienced DUI defense team at Fabian & Young understands the unique challenges faced by commercial drivers in Oklahoma. We possess the knowledge and experience necessary to construct a strong defense strategy tailored to the specific circumstances of your case.
We have been helping people fight DUI charges in the Oklahoma City area for over 40 years. We understand what is at stake and how to help you pursue the best option for your situation. For an appointment, contact us online, or call (405) 232-4384.