Las Vegas CDL DUI Lawyer
Providing Aggressive Legal Representation to Commercial Vehicle Drivers Who Have Been Accused of Driving Under the Influence
Truck drivers, bus drivers, and other commercial driver’s license (CDL) holders rely upon their licenses to make a living. For the drivers of commercial motor vehicles, driving under the influence of alcohol or controlled substances comes with serious legal consequences. In fact, CDL drivers are held to a higher standard than other non-commercial drivers on the roads in Nevada. As such, the legal limit is lower, and a truck driver or other CDL driver may face DUI penalties for drinking far less than a non-commercial driver.
Many commercial drivers may not be aware of the different legal limits and DUI laws that pertain to them and their commercial driver’s license privileges. Despite this lack of awareness, they may still face harsh consequences, including those that could end their careers.
What Are the Nevada DUI Laws for Commercial Drivers?
Both federal and state legislation addresses commercial DUI laws and the associated penalties. Nevada law provides clear guidelines, standards, and legal punishments for CDL drivers convicted of a DUI offense.
While motorists with a standard driver’s license must keep their blood alcohol concentration (BAC) below .08%, commercial drivers in Nevada must maintain a BAC level lower than .04% when operating their commercial motor vehicle.
If there is any reason to suspect that a CDL driver is impaired due to substances they have taken, this will be considered a violation of the law and result in serious DUI penalties.
- Nevada DUI laws setting the BAC limit at half the limit for those with a non-commercial driver’s license include the following:
- Commercial trucks with a gross combination weight rating of 26,001 or more pounds
- Motor vehicles used for transporting hazardous materials
- Motor vehicles used to transport passengers if the vehicle can accommodate 16 or more people, including the driver
- Tractor-trailer with towed units that have a gross vehicle weight rating of more than 10,000 pounds
Is the Driver of a Commercial Motor Vehicle Held to a Higher Standard Than Other Motorists?
Yes, commercial drivers are held to stricter legal standards than those with a non-commercial license. The legal limit for a commercial driver’s blood alcohol content is half that allowed for other motorists.
A DUI conviction for a commercial DUI can result in the loss of your CDL for a year or more. Because of the importance of a CDL to a commercial driver, CDL drivers facing DUI charges must retain professional legal counsel from experienced CDL DUI lawyers.
What Are the Potential Penalties for a Commercial Driver After a DUI in Nevada?
The penalties depend on the unique facts of each individual case. However, the primary determining factor is the number of preceding DUI convictions that a CDL driver had.
The crime will be considered a first offense if the CDL driver did not have any prior DUI charges in the last seven years. First offenders typically face misdemeanor charges, and a criminal conviction may come with potential penalties and fines, such as two days in jail, community service, fines up to $1,000, a possible requirement to attend a DUI school, the potential to join a substance abuse program, and the suspension of a non-commercial driver’s license for up to 90 days.
If the defendant faced a DUI conviction sometime within the last seven years, the new DUI charge will be considered a second offense. Like the first offense, this is usually regarded as a misdemeanor crime. If convicted, the defendant faces a jail term between 10 days and six months, fines of up to $1,000, compulsory attendance to a victim impact panel, possible requirement to join a DUI school, and suspension of your non-commercial driver’s license for up to a year.
A third-offense DUI incident is considered a category B felony in Nevada. If convicted, the defendant faces two to six years in a state-run facility, fines up to $5,000, suspension of their standard driver’s license for three years, and potentially more.
What if Your Commercial DUI Offense Involved Death or Serious Injury?
When a DUI occurred and resulted in the death or serious injury of another individual, Nevada charges the CDL driver with a category B felony.
Possible penalties include up to 20 years in state prison, fines of up to $5,000, and the potential suspension or revocation of a non-commercial driver’s license.
What Different Legal Defense Strategies May a CDL Holder Consider When Facing Commercial DUI Charges?
As your attorneys, we will explore several different legal defense strategies that may help you win your case, defend your CDL, and keep you out of jail.
Potential defense strategies we may consider for your case include the following:
- A high blood alcohol concentration may have been caused by acid reflux or another medical condition
- Law enforcement officers lacked reasonable cause to make the initial traffic stop
- The accused may be guilty of reckless driving but not drunk driving
- The blood test samples were contaminated
- The breathalyzer test was administered incorrectly, or the device was defective
- The CDL driver was not intoxicated but heavily fatigued, and this fatigue mirrored the symptoms of drunkenness or a high
- The defendant recently had dental work that may have caused mouth alcohol to pool, thus resulting in a high breath test result
- The defendant was having a medical episode while driving that made them look like they were under the influence
- The police failed to give proper instructions for the field sobriety test
- The vehicle could not be defined as a commercial vehicle
- There was no probable cause to make the arrest
Schedule a Free Consultation with Experienced Commercial Driver’s License DUI Lawyers Today
If you are a CDL driver facing legal consequences for impaired driving, it is essential that you seek professional legal representation from experienced DUI attorneys. Our Las Vegas law firm has extensive experience representing clients with complex criminal charges, including those facing DUI charges on a commercial driver’s license.
To learn more about our legal services and how we can help you defend your commercial driver’s license and your way of life, don’t hesitate to get in touch with our Las Vegas law office to schedule your free initial consultation today. You may reach us at 702-819-8242.