Fighting a CDL DUI Charge Based on Unlawful Traffic Stops

Driving under the influence is a serious offense that can have lasting effects on a person’s driving record and their career, especially for those holding a Commercial Driver’s License, or CDL. A CDL DUI charge can impact not only someone’s reputation but also their ability to provide for their family. When a person is stopped and charged with a DUI, it’s important to understand the reasons behind the stop. Was the traffic stop lawful, and were the procedures followed correctly by law enforcement? These are essential questions, particularly if the charge could be contested. This guide explores how unlawful traffic stops can affect a CDL DUI charge and what drivers can do if they find themselves in this situation. At, Willis Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

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Understanding CDL DUI Charges

Commercial drivers face stricter regulations when it comes to DUI charges. The standard legal blood alcohol concentration (BAC) limit for most drivers is 0.08%. However, for CDL holders, the BAC limit is lower, often around 0.04% while driving a commercial vehicle. This means that even a small amount of alcohol can result in serious consequences for CDL holders, including losing their driving privileges, fines, and potential jail time. If a CDL driver is pulled over and suspected of driving under the influence, they may feel immediate concern about the impact on their career and their future. But if the traffic stop itself was unlawful, there may be grounds to contest the charge.

What Makes a Traffic Stop Unlawful?

For a traffic stop to be lawful, police officers must have reasonable suspicion of a violation. This means they must observe behavior that indicates possible criminal activity or a traffic violation. For example, swerving in a lane or speeding could give an officer reasonable grounds to stop a vehicle. However, if there is no clear reason for the stop, or if an officer stops a driver based on a vague feeling that something “seems wrong,” it may be considered unlawful. A lawful stop is based on specific observations that can be explained, not on guesswork or instinct. If a CDL driver believes they were stopped without just cause, it’s worth examining the events of the stop.

The Importance of Lawful Procedure During a Stop

Law enforcement officers are required to follow certain procedures during a traffic stop to ensure the process is fair and within legal bounds. When officers fail to follow these steps correctly, it may lead to a case being dismissed or charges being reduced. Officers should identify themselves, explain the reason for the stop, and follow proper testing procedures if a DUI is suspected. Any deviation from these procedures could impact the case. For CDL drivers, understanding their rights during a traffic stop is important. If procedures are not followed, it may be possible to challenge the results of any field sobriety or breath tests conducted.

Greg Willis has been successful at defending DUI cases (over 93% without a conviction)

He's the only lawyer in the State of Georgia to ever be recognized for all three of these accomplishments.

Received the Samurai Lawyer Award for having gone to jail for a total of 4 days in order to save his own client

Received the BadAss Lawyer Award for the biggest impact of all DUI lawyers in DUI defense in the country

Received the vote of Georgia Lawyers as a Superlawyer in DUI Law for 10 straight consecutive years

 

Challenging the Legality of the Traffic Stop

If a CDL driver believes their stop was unlawful, they may be able to challenge it in court. This involves presenting evidence that shows the officer did not have reasonable suspicion or failed to follow correct procedures. An unlawful stop can often lead to the dismissal of charges if the defense can prove that the evidence was obtained without proper legal justification. For CDL holders, this is crucial, as it can prevent penalties like license suspension or a permanent mark on their driving record. When challenging the legality of a stop, it’s essential to gather all possible evidence, such as dashcam footage or witness statements, to support the claim.

The Role of Field Sobriety Tests in CDL DUI Charges

During a traffic stop, an officer may conduct field sobriety tests if they suspect a driver is under the influence. These tests can include tasks like walking in a straight line, standing on one leg, or following an object with one’s eyes. While these tests are designed to detect impairment, they are not always accurate. Weather, fatigue, and medical conditions can all affect the outcome. For CDL drivers, any failure in these tests can lead to serious consequences. However, if the initial stop was unlawful, the results of these tests may also be challenged. Understanding the factors that can influence field sobriety tests is important when building a defense against a CDL DUI charge.

The Use of Chemical Tests and Their Impact

In addition to field sobriety tests, officers often use chemical tests like breath, blood, or urine tests to measure BAC. CDL holders face more severe consequences if they refuse these tests, including immediate suspension of their license. However, if the stop was unlawful, it may be possible to contest the results of these tests. The process of collecting and analyzing chemical samples must follow strict guidelines. If these guidelines are not followed, it may weaken the prosecution’s case. In such situations, a strong defense can challenge the validity of the chemical test results, especially if the evidence was obtained without lawful cause.

Greg has truly mastered his craft. His preparation is second to none and his confidence helps reduce the nervousness and anxiety his clients face. He is a real life version of Harvey Specter and I highly recommend him.”

- Travis

Greg and his team are absolutely incredible. Greg explained everything to me in detail, as this is the first ever time I have been arrested. Regular updates throughout the process which allowed me to get on with everyday life. 200% I would recommend Greg and his team to anyone with a DUI case."

- James Hellens

Mr Willis is the best in the business. He knows the law inside and out. I was in a serious jam and Greg got my dui reduced to a reckless driving. This man will fight for you every step of the way."

- Anonymous

Possible Defenses Against an Unlawful CDL DUI Charge

Several defenses may be available to CDL drivers facing a DUI charge based on an unlawful stop. One common defense is that there was no reasonable suspicion for the stop, meaning the officer had no justifiable reason to pull over the vehicle. Another defense is the mishandling of evidence, such as improper administration of sobriety or chemical tests. Each defense depends on the circumstances of the case, including how the stop occurred and the behavior of law enforcement during the incident. CDL holders may find that exploring these defenses provides them with options for contesting the charge and protecting their driving career.

Impact of a CDL DUI Charge on Employment

A CDL DUI charge can have a significant impact on a driver’s employment. Many employers require a clean driving record for CDL holders, and a DUI charge can make it challenging to find or keep a job. The penalties for CDL holders are often more severe, including longer license suspensions and higher fines. For those who rely on their CDL to earn a living, fighting a DUI charge becomes a matter of protecting their livelihood. Understanding the implications of the charge and knowing one’s legal options is essential for those in this position. By challenging the charge, CDL drivers can take steps to safeguard their future.

How Legal Representation Can Help in CDL DUI Cases

Fighting a CDL DUI charge can be complex, especially when dealing with questions of unlawful traffic stops and procedural issues. Legal representation can provide CDL holders with guidance and support during this challenging time. Lawyers understand the intricacies of DUI laws and the specific requirements for lawful stops. They can review the details of the case, gather evidence, and build a defense strategy. For CDL drivers, having someone knowledgeable about the legal process can make a significant difference. With proper representation, drivers can increase their chances of having charges reduced or dismissed.

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The Importance of Acting Quickly

Time is an important factor when fighting a CDL DUI charge. Evidence from the traffic stop, such as dashcam footage or witness statements, may become harder to obtain as time passes. Acting quickly allows CDL drivers to build a strong defense while the details of the incident are still fresh. This is especially important when contesting an unlawful stop, as the ability to prove procedural errors or lack of reasonable suspicion may hinge on timely evidence. CDL drivers facing DUI charges should not delay in seeking legal advice and beginning the process of building their case.

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For CDL holders, a DUI charge goes beyond just a traffic offense; it has the potential to alter their entire career path. This is why it’s crucial to explore every possible defense, especially if the stop was unlawful. By understanding the importance of lawful traffic stops and knowing how to challenge a DUI charge, CDL drivers can work to protect their record, their career, and their future. Taking these steps can make a difference, not only in the outcome of the case but also in the driver’s ability to continue working in their chosen field.

If you’re facing a CDL DUI charge and believe the traffic stop may have been unlawful, Willis Law Firm is here to help. Our team is committed to defending your rights and helping you understand your options. Contact Willis Law Firm today to discuss your case and learn how we can assist you in protecting your career and your future.