Because of the increased danger associated with tractor-trailers, buses, delivery vans, and other commercial vehicles, truck drivers are held to a lower threshold for driving under the influence in Arizona. By state law, CDL-licensed drivers are charged with a class 1 misdemeanor DUI if they are found to have a blood alcohol concentration of 0.04 percent or greater. The charge applies whether the driver was on duty in a commercial vehicle or in a private vehicle at the time.
Free Telephone Consultation: (623) 847-7117.
Commercial Driver DUI Defense Attorneys
Your CDL license and your livelihood are at risk, and it is critical to fight this charge as vigorously as possible. At The Law Offices of John Phebus, our experienced Glendale criminal defense attorneys who concentrate largely on DUI offenses, have represented numerous clients arrested in Glendale, the greater Phoenix metropolitan area and throughout Maricopa County, including CDL truckers stopped on Highway 101, I-10, I-8, or I-17 while hauling through Arizona. If you have a commercial driver’s license and were pulled over in Maricopa County for DUI, contact a Phoenix attorney at The Law Offices of John Phebus who can immediately protect your rights.
Penalties For Commercial Driver DUI In Addition To Penalties For A Regular DUI
If convicted, minimum DUI penalties for a CDL license holder include:
- CDL disqualified for one year
- Regular (Class D) driver’s license suspended for 90 days
- Substantial fines and penalties
- Probation up to five years
- 8 points assessed against your driving record
- Uninsurable for company coverage for three years
- Permanent disqualification of CDL for 2nd DUI in a lifetime
Refusal to submit to a blood alcohol test will result in an automatic one-year suspension of your license, regardless of the outcome of criminal charges. A second offense refusal can result in permanent loss of your CDL license.
Challenging A Commercial License DUI
Because of the .04 percent threshold, there is a substantially larger margin for error in the blood and breath analysis. This is one basis we can examine for fighting a CDL drunk driving charge. We examine every fact of the case during the discovery phase to find any viable grounds for a legal challenge:
- The officer’s “reasonable suspicion” to pull you over
- The officer’s “probable cause” for arrest based on field sobriety tests or roadside Breathalyzer results
- Violation of your rights (request for an attorney, Miranda warnings)
- Impropriety or error in collecting and analysis of blood-alcohol samples
If we do not believe you can win in court (dismissal of charges or favorable jury verdict), our attorneys will diligently negotiate with the prosecutor for a reduced charge (e.g. reckless driving) that may enable you to continue in your trucking, bus driver or other CDL career.
Contact A Maricopa County DWI Attorney If You Are A Bus Or Truck Driver Charged With Drunk Driving
Contact a commercial driver DUI lawyer who will stand by you and fight the charges in every way possible. Schedule your free phone consultation with The Law Offices of John Phebus by calling 623-847-7117 or using our online contact form. We can meet you at our Glendale or Peoria office, or discuss your case over the phone.