A DUI conviction in Dayton, OH, can negatively impact an individual long-term. Driving a personal vehicle may not be possible for years. If you have a Commercial Drivers License (CDL), the consequences of a DUI could threaten your job.
The Dayton DUI defense lawyers of Suhre & Associates, LLC have over 100 years of combined experience handling criminal cases, including drunk driving charges.
If you are facing a DUI or DWI, we can help. Contact our law firm to schedule a free consultation with a Dayton DUI attorney.
How Our Dayton Criminal Defense Lawyers Can Help if You’ve Been Charged with a DUI
Ohio’s DUI laws are very strict, especially for commercial truck drivers. A DUI charge could be devastating for a CDL holder, and a license suspension could ruin their career.
Before you assume you have to plead guilty to a drunk driving charge, contact the Dayton DUI lawyers of Suhre & Associates, LLC. We have proven experience getting cases dismissed and obtaining not guilty verdicts in hundreds of criminal cases.
When you hire our Dayton criminal defense lawyers, you can expect us to:
- Review your case and explain your legal rights
- Investigate the criminal charges against you and determine whether your legal rights were violated
- Review the results of BAC tests to determine your blood alcohol level and investigate to determine if errors were made with the testing
- Represent you at hearings regarding driver’s license suspension
- Develop a tough defense strategy based on the facts of your case
- Fight to have your charges dismissed or reduced
Our goal is to keep you behind the wheel and out of jail. Contact us now to schedule a free consultation with an experienced DUI attorney in Dayton, Ohio.
What is the Legal Limit for Commercial Truck Drivers?
The legal limit for drunk driving in Ohio is .08% for most drivers. However, operating a commercial vehicle is treated differently from other motor vehicles. The legal limit for a person with a commercial driver’s license is .04%.
It is illegal to operate a commercial vehicle with any amount of alcohol in your system under Ohio’s commercial driver’s license law. A truck driver with any measurable amount of alcohol in their system can be placed out-of-service for 24 hours.
What Happens When a Truck Driver is Pulled Over for DUI in Ohio?
When a commercial truck driver is arrested for driving under the influence, police officers ask the driver to submit to a urine, blood, or breath test to determine BAC.
A person holding a driver’s license CDL is assumed to have consented to BAC testing. If the driver refuses to take the test or has a BAC over the legal limit, his driving privilege is administratively suspended. This action is referred to as an administrative license suspension (ALS).
What is the Ohio CDL Disqualification Law?
Commercial Driver License Disqualification occurs when a person with a CDL is convicted of certain traffic violations, including driving under the influence. The commercial truck driver cannot operate a commercial vehicle during the disqualification period.
An ALS (administrative license suspension) results in a one year out-of-service disqualification if the driver is convicted of driving under the influence of alcohol or a controlled substance. If the truck driver receives a second ALS for a DUI, their disqualification is for life.
A driver can appeal an ALS, but the deadlines for appealing are very short. If you have a CDL and were arrested for DUI, it is in your best interest to immediately contact a Dayton DUI defense attorney.
What are the Defenses to a DUI Charge?
There could be one or more defenses to a DUI charge for a truck driver.
Potential DUI defenses include:
- Police officers did not have probable cause for a traffic stop
- Law enforcement officers conducted improper testing or contaminated the samples
- The police officers performed the field sobriety tests incorrectly
- The equipment used to test samples was not calibrated correctly, or it malfunctioned
- The driver had a medical condition that impacted the BAC testing or field sobriety testing
- Technical defenses, including violations of rules of evidence or civil rights violations
Our lawyers analyze every aspect of your DUI charges to determine which defenses apply in your case. The prosecutor is not going to tell you if the state’s case is weak or there are problems with the case. That is our job, and we take it very seriously.
Schedule a Free Consultation With Our Dayton DUI Defense Lawyers
Do not delay in contacting our office to schedule your free consultation with a Dayton DUI attorney. You do not have to face this criminal matter alone. Our legal team is ready to fight to protect your legal rights and obtain the best possible outcome for your case.