West Covina CDL DUI Defense Lawyer

West Covina CDL DUI Defense Attorney

If you hold a commercial driver’s license (CDL) in California, it is essential to understand the key differences between your license and a standard driver’s license in terms of driving under the influence (DUI). The penalties for DUI in California and throughout the United States are quite severe, even for first offenses, but these penalties are generally much worse for CDL holders. A conviction for DUI as a CDL driver can not only lead to severe penalties but also a loss of your livelihood.

At the Law Office of Daniel P. Flores, our team understands how challenging it can be for a CDL driver to defend against a DUI charge. If you are in this situation, you must remember that it is not hopeless when you secure legal representation from the right West Covina CDL DUI defense lawyer. We will thoroughly examine every aspect of your case, answer the common questions those arrested for DUI in California usually have, and help you exercise the full range of your available defenses.

Why You Need Legal Counsel

Many people believe if they explain their side of a legal situation, they can avoid conviction without hiring a defense attorney. The reality is that when you are arrested for CDL DUI in California, you need a legal representative who has solid experience representing clients facing CDL DUI charges for the best chance of avoiding conviction and the significant penalties that follow. It may be tempting to accept legal counsel from a public defender at no charge, but you must understand the risks of this choice. As your West Covina CDL DUI defense lawyer, Attorney Flores can provide a much higher level of legal counsel than you could expect from a public defender.

While most public defenders are fantastic attorneys and are committed to providing the best legal advice to every client they represent, the reality is that most public defenders have enormous caseloads. Most manage multiple cases at once and simply cannot offer the same degree of individualized counsel you would receive from a private defense firm like the Law Office of Daniel P. Flores. We will thoroughly examine every aspect of your case to guide you to the best possible result, ideally avoiding a CDL DUI conviction and allowing you to continue doing your job.

Understanding DUI vs. CDL DUI

In every state of the US, driving under the influence of alcohol is illegal. The method law enforcement officers use to determine whether a driver is under the influence of alcohol is an analysis of the driver’s blood-alcohol concentration (BAC). The legal BAC limit is .08% for most drivers. Anything over .08% would lead to DUI charges. However, CDL drivers operate motor vehicles for work, and the vehicles they drive every day are inherently more dangerous than standard passenger vehicles. This means that CDL drivers have a much greater duty of care than other drivers, especially when it comes to DUI. The BAC limit for CDL drivers is .04%. This extremely low threshold means that it is much easier for a CDL driver to test positive for DUI. However, the low threshold also presents a wider window for defense in some cases.

Defending Against CDL DUI

If you are arrested for DUI as a CDL driver, you need to speak with a West Covina CDL DUI defense lawyer as soon as possible. Attorney Flores and his team at the Law Office of Daniel P. Flores will help you analyze every aspect of your case to determine the best defenses available to you. Typically, there are only a few possible ways to defend against a CDL DUI charge, including:

• Citing due process violations. The police in California and throughout the US must follow Constitutional law when they conduct an arrest. Your attorney will carefully review the circumstances of your arrest and booking to ensure the police followed all proper procedures.
• Challenging the chemical test. In California, you must submit to a chemical test for DUI after the police have lawfully arrested you for DUI. Many drivers conflate a preliminary alcohol screening (PAS) test with the required chemical test following arrest. While California state law does not require a driver to submit to a PAS test, they must submit to a chemical test following a lawful arrest for DUI. Failure to do so can result in severe penalties on top of the standard penalties for DUI. If your chemical test reported a BAC level over .04%, your West Covina CDL DUI defense lawyer can help you determine the best approach to challenging this result, whether it includes challenging the circumstances under which the test was administered or the validity of the testing lab used to process the results.
• Challenging probable cause and the lawfulness of your arrest. The police must establish probable cause before conducting an arrest for DUI. In most cases, probable cause includes things like moving violations, erratic driving, or the detected presence of alcohol once an officer has conducted a traffic stop. Your attorney will help you determine whether your recent arrest was lawful.

The standard penalties for DUI conviction in California can include fines, jail time, and loss of your driving privileges. However, the penalties are more severe for CDL drivers who will also face CDL license restriction. If a CDL driver is convicted of two DUIs within ten years, they face a lifetime revocation of their CDL.

Find Your Commercial DUI Attorney Now

Whether you have been arrested for DUI in the past or not, the right attorney can make a tremendous difference in the outcome of your case. If you are arrested for DUI, California state law allows you to make three phone calls following the booking process. Make sure that one of those calls is to a reliable and experienced West Covina CDL DUI defense lawyer like Attorney Daniel Flores.

We will help you determine your best available defenses in this situation. We understand that your job and livelihood are on the line and will do everything we can to provide you with the most robust defense possible. Contact the Law Office of Daniel P. Flores today and schedule a consultation with our team to start working on your case.