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DUI Defenses for Commercial Drivers

By Timothy Bussey on July 1, 2021

Semi-truck dashboard from passenger's point of viewCommercial drivers are responsible for delivering much-needed products and equipment, helping people get around Colorado Springs, and keeping our economy thriving. Without their aid, many businesses would struggle to stay afloat during difficult times. But this responsibility also comes with harsher restrictions on driving. If a commercial driver is charged with operating a vehicle while intoxicated – even if it is her personal vehicle – then she risks having her commercial driver’s license (CDL) revoked, which could ruin her career.

Colorado DUI Laws and CDLs

In the state of Colorado, all drivers must adhere to DUI and DWAI laws, which say:

  • DUI: Anyone who operates a motor vehicle and registers a blood alcohol concentration (BAC) of at least 0.08% can be charged with driving under the influence.
  • DWAI: If a driver’s BAC is greater than 0.05% but less than 0.08%, the driver can be charged with driving while ability impaired, which comes with lighter, but still serious, penalties.

However, these limits primarily apply to drivers with standard driving licenses. For anyone who has a CDL, the BAC limit is 0.04%! If you violate this limit, then you can be punished with the state penalties for a DUI and commercial DUI penalties according to the Code of Federal Regulations (CFR) and Federal Motor Carrier Safety Administration (FMCSA). Commercial drivers can also be charged with driving under the influence of drugs if they test positive for drugs.

Commercial drivers can be punished for a DUI while operating their work vehicles, such as a truck, bus, or van, as well as their personal vehicles, according to CFR § 383.51. Under this section, commercial drivers risk losing their CDL for a single DUI offense, effectively meaning you will lose your job and career for one mistake or misunderstanding.

Beating a Commercial DUI Charge

The loss of a CDL can be devastating for a commercial driver. Trucking companies and legal authorities have the right to issue random tests for drugs or alcohol to ensure that drivers are complying with the law, but that does not mean a DUI charge will inevitably lead to a conviction. There are specific drug and alcohol testing procedures that the authorities must follow that may play a major role in your defense.

Your best option after a commercial DUI charge is to speak to an experienced Colorado Springs DUI defense attorney. At The Bussey Law Firm, P.C., our legal team is well-versed in handling both the criminal and administrative cases for a DUI. We can launch several defenses to protect your future, including:

  • You only showed the objective signs of intoxication.
  • Your breathalyzer test showed a false positive.
  • The arresting officer did not perform a field sobriety or breathalyzer test properly.
  • The arresting officer performed an illegal stop and did not have probable cause to pull you over.

Do not give up your license without a fight. To get a free case evaluation, call us today at (719) 475-2555.

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