Oklahoma DUI and DWI CDL Disqualification Consequences
How To Beat a CDL DUI
The State of Oklahoma takes drunk driving very seriously, issuing stiff fines, penalties, and even jail time for those found guilty of driving under the influence (DUI) or driving while intoxicated (DWI). Issued following a blood alcohol test showing a BAC of .08 or higher, these charges bring with them an even greater set of legal ramifications for those in possession of a commercial driver’s license (CDL).
Knowing the unique circumstances and the legal options before them is crucial for those holding a CDL license when facing these charges.
What Are The Consequences Of A DUI For A CDL Holder In Oklahoma?
A commercial driver in possession of a CDL can expect to have their commercial license disqualified for any number of infractions, and a DUI is one of the more severe. Typically, this disqualification lasts for a year or more depending on the circumstances of their particular case, but there is the possibility of a longer disqualification, including a permanent ban.
Several factors can play a role in determining the length, and eligibility, of disqualification. Under Oklahoma’s per se statute, a driver is presumed to be under the influence of alcohol if your blood alcohol concentration is .08 or more. However, if they are driving or otherwise in actual physical control of a commercial vehicle, a BAC of .04 or more is enough to disqualify their CDL for a year. Furthermore, if their BAC is .06 or .07, the prosecution may still present evidence that the driver’s ability was impaired due to alcohol.
Refusal To Take the Breath or Blood Test
Regardless of whether the test is administered while driving a commercial or personal vehicle, refusal to take a breath or blood test subjects the driver to have their CDL disqualified as part of the implied consent process.
Hazardous Material Placard Holder CDL Consequences
As mentioned previously, the length of disqualification for a CDL is typically a year for a DUI conviction. However, those driving a commercial vehicle that requires a hazardous material placard face even stricter punishment, with the period of suspension increased to three years.
Repeat DUI Offender with CDL
A second conviction for DUI while holding a CDL would result in a lifetime ban from driving commercially.
Any Type of Plea Will Disqualify Your CDL
While several variables can impact the length of disqualification, the most important thing to know is that in the State of Oklahoma any type of plea for DUI or DWI is deemed a conviction and will disqualify your CDL. This includes a guilty plea, no contest plea, Alford plea, or even a deferred sentence. Normally a deferred sentence allows for probation with the case being dismissed at completion, but for a CDL driver, it still serves as a plea of guilt, triggering a minimum one-year disqualification from driving commercially.
What Are Your Legal Rights?
You have the right to fight the DUI charges leveled against you, both at the administrative hearing for your CDL as well as in the criminal case against you. If the case isn’t dismissed or acquitted, you can expect to be disqualified from driving commercially and suffer a loss of income. But there are ways to fight back.
There are many ways to defend against a possible DUI charge. You can challenge the officer’s reasonable suspicions and probable cause for both the stop and the arrest. You can challenge the results of the breath test, blood test, or field sobriety test. You can question the officer’s testimony about the incident as well as any procedural missteps they may have made. Even preexisting medical conditions can be introduced in court to work in your favor like diabetes, asthma, gastroesophageal reflux disease. If you take medication, they can impact field sobriety or breath and blood tests.
These are just some of the tools the Edge Law Firm uses to fight for you. From day one, we will be with you every step of the way following your free no-obligation trial. First, we will advocate on your behalf with the Department of Public Safety, filing an appeal of your revocation and setting a hearing date. That alone will allow you to continue driving commercially until your case is resolved in district court.
Then, we get to work getting your charges dismissed. Our investigators will track down witnesses; collect evidence; and review any police reports, test results, body cam footage, surveillance videos, and court documents in pursuit of errors.
Armed with this knowledge, we walk into that courtroom with everything we need to win even the most unwinnable cases. That is our mission, above all else. To prevent your CDL from being disqualified, to see your charges dismissed, and to get you back on the road with your livelihood intact.
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