When you drive for a living, your vehicle is your office. You simply cannot work at all without your commercial driver’s license (CDL). The problem is that the rules for maintaining a CDL in Indiana are in many ways a lot stricter than the rules for maintaining an ordinary driver’s license.
One example of enhanced strictness for CDL drivers is OWI, Indiana’s version of DUI. If you are driving your own vehicle off-duty, the legal BAC in Indiana for drunk driving is 0.08%. If you’re driving a commercial vehicle, however, the legal limit is only 0.04%. Additionally, even traffic infractions could threaten your driving privileges.
If you received a traffic ticket and are facing suspension or revocation of your CDL, you need to act quickly to retain a CDL law firm to advocate on your behalf. A CDL ticket attorney might even be able to get your charges dismissed entirely. At Stracci Law Group, our CDL DUI attorneys serve clients in Crown Point, Hammond, Valparaiso, and other areas of Northwest Indiana who are facing these challenges.
Types of CDL Violations in Crown Point, IN, Our Defense Attorneys Handle
Many different infractions can add points to your CDL and endanger your driver’s license. These include non-moving and moving traffic infractions and violations, such as:
- Causing a traffic crash through negligent or reckless driving
- Driving with an overweight cargo load
- Driving a commercial vehicle without a valid license or credentials
- Violating safety standards set by the Federal Motor Carrier Safety Administration (FMCSA)
Many other possible legal and regulatory violations are also grounds for revocation for commercial truckers. One of the most serious offenses a CDL driver can face is OWI, which includes operating while visibly impaired (OWVI). DUI cases are prosecuted aggressively, so it’s important to hire an equally aggressive CDL DUI lawyer to defend your CDL license.
Trust Stracci Law Group and our commercial vehicle & truck DUI lawyers to help protect your license and livelihood.
Indiana CDL OWI/DUI Laws
Commercial drivers in Indiana who are behind the wheel of a private, noncommercial vehicle face some of the same OWI penalties that other private motorists face. In addition, even a first-time OWI conviction in a private vehicle can lead to a one-year suspension of a driver’s CDL from the DOT. But when they are on duty and driving a commercial truck, Indiana CDL DUI laws come into play. CDL alcohol laws are stricter than laws for other motorists.
— BAC Limits for CDL Holders
The legal alcohol limit in Indiana is 0.08%, as measured by a breath test or blood test. DUI cases against private motorists and CDL holders alike can be filed and pursued if the driver is over this limit, no matter the type of vehicle they are driving.
Indiana’s CDL DUI laws go further and impose a lower limit on CDL drivers operating commercial vehicles. In this situation, the driver is considered over the limit if their breath or blood alcohol level is 0.04% or higher.
A DUI conviction can have immensely negative consequences for you beyond fines and jail time.
— Implied Consent for Commercial Drivers
If you have an Indiana driver’s license, you have already given your implied consent to testing to detect the presence of alcohol or drugs in your body. If a law enforcement officer pulls you over and asks you to take a breath or blood test, the law says you are to comply and cooperate with the requested testing.
Refusing to take a test when requested leads to a one-year suspension of your driver’s license from the Indiana BMV, whether you have a CDL or hold a non-commercial license.
If you are convicted of operating a vehicle while intoxicated (regardless of whether it was a private or commercial vehicle), can result in an Indiana CDL disqualification and the suspension/revocation of your license. Note that these penalties may apply even if your commercial DWI attorney can get your charges reduced or dismissed.
— Special Driving Privileges and CDL Holders
Your commercial DUI lawyer may ask for special driving privileges. These privileges allow you to operate a noncommercial vehicle under conditions set by the court while your case is pending. However, as the holder of a CDL license in Indiana facing DUI charges, you will not be granted the right to operate a commercial vehicle.
In other words, if you depend on driving a truck for a living, you will not be able to return to work even if your DUI attorney gets the court to give you special driving privileges.
Contact CDL DWI Attorney to Help Protect Your Commercial Driver’s License in Crown Point, IN
Without knowledgeable and skilled legal counsel, you may face a loss of your driving privileges. If you have been charged with OWI in Northwest Indiana, you need the experienced representation of Stracci Law Group’s DUI attorneys for CDL drivers to fight back.
Penalties and Charges for a Commercial OWI in Indiana
If you possess a CDL license, Indiana DUI cases represent a serious threat to your driving privileges. In addition to the criminal penalties associated with OWI, the holder of a CDL with DUI in Indiana can expect to have their driving privileges suspended for years.
A first-time conviction for OWI in either a commercial or a private vehicle will lead to a one-year Indiana CDL disqualification, preventing you from driving a commercial motor vehicle. If the OWI occurs while you are carrying hazardous materials, you could face a three-year suspension of your CDL.
According to the Indiana Commercial Motor Vehicle/Driver Enforcement Deskbook, your CDL privileges can be suspended for three years if you refuse an alcohol test and you were carrying hazardous cargo. Because of Indiana’s implied consent law, this suspension will occur even if your CDL DWI lawyer is able to get your charges dropped or reduced to lesser charges.
If you are convicted of OWI a second time, or if you refuse to take an alcohol test for a second time, your commercial driving privileges will be suspended for your lifetime. In some circumstances, your commercial driver DUI lawyer may be able to help you get your driving privileges reinstated after at least ten years have passed.
Being convicted of OWI or refusing to take an alcohol test after such reinstatement will result in a lifetime suspension of your commercial driving privileges with no opportunity to get your CDL back.
These collateral administrative consequences are what make OWI one of the most serious CDL offenses. Retaining a seasoned NWI DUI lawyer as soon as possible can improve your chances of beating your charges and keeping your driving privileges intact.
Can Your DUI Defense Lawyer Get Your CDL DUI Charges Dismissed?
Receiving a DUI charge or any other traffic ticket is a real threat to a CDL holder. Not only does it bring you closer to possible suspension of your CDL, but it might also convince future employers or clients that you are too great of a safety risk to hire. It is essential that you challenge any DUI charge or ticket and attempt to win a dismissal. Although there is no guarantee, a traffic ticket attorney for truck drivers can dramatically increase your odds of success in this regard.
How Our Northwest Indiana Commercial Driver DUI Lawyers Can Help
You may be curious about how a commercial DUI lawyer can help you. Like with any other case, the prosecutor must present sufficient evidence to establish your guilt. This evidence might consist of an officer’s observations, breath or blood test results, videos of you performing field sobriety tests, and the testimony of other drivers who observed you.
Your CDL DWI lawyer might try to keep improperly obtained evidence out of court so that it cannot be used against you. Or they might challenge the credibility of witness testimony.
In either case, depriving the prosecutor of the use of persuasive and admissible evidence means the prosecutor’s DUI or traffic case may need to be dismissed or the charges reduced.
The regulations governing commercial driving are extensive and complex. Although the yellow pages are full of lawyers willing and ready to defend ordinary driver’s license holders against traffic tickets, relatively few lawyers defend holders of CDLs and other professional driver qualifications. Stracci Law Group does defend CDL cases and has experience with the following:
- Ordinary CDL traffic violations
- Alcohol-related CDL violations
- License suspensions and revocations
- Taxi driver violations
Stracci Law Group enjoys a long history of preventing penalties or securing reduced penalties for holders of CDLs and similar specialty driving licenses. Hiring a commercial traffic lawyer could make all the difference in your case.
Reach Out to Stracci Law Group for Help with Your Crown Point CDL DUI or Ticket
Being convicted of DUI with a CDL can have devastating personal and professional consequences for a CDL holder. So can accumulating traffic tickets for other offenses, such as speeding or reckless driving.
Like other states, Indiana has a strong incentive in the form of federal grants and funding for roads to aggressively prosecute CDL drivers for DUIs and other violations. You need a CDL DUI lawyer who is not afraid to challenge the prosecutor’s evidence and the legality of the charges against you.
Lose your CDL, and you might lose your livelihood, especially if you are a commercial trucker. This is a high price to pay for a traffic ticket or DUI. A Northwest Indiana commercial vehicle & truck DUI lawyer at Stracci Law Group can help you fight back. Contact Stracci Law Group today.
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