Powered by

Dream Assurance

Powered by

Dream Assurance Group

GET A QUOTE
24/7 COI
GET A QUOTE
24/7 COI

How to Get Out of a DUI with a
DUI Lawyer

client with dui case

Drinking alcohol and reckless driving can effectively end a commercial trucking driving career. Finding a lawyer following a DUI arrest is crucial due to the serious legal consequences and potential long-term impact on your life, particularly if an individual suffered injuries as a result and require medical attention.

Moreover, legal representation can spell the difference between dropped charges and jail time following DUI arrests. Here are some general tips for finding a DUI lawyer following a car crash or drunk driving incident.

 

Consequences and Liability in Drunk Driving Accidents

A DUI conviction can have severe consequences for commercial truck drivers. The consequences for drunk driving accidents are often more significant than those for non-commercial drivers due to the higher standards and responsibilities associated with operating large commercial vehicles.

Commercial truck drivers may face criminal charges, court appearances, and legal proceedings associated with DUI charges. This can lead to additional stress, time commitments, and legal expenses. Truck drivers may also face significant fines and penalties for drunk driving. The financial impact can be substantial, affecting personal finances and potential employment.

A first-time DUI conviction may result in the suspension or revocation of the CDL for a specific period. Subsequent convictions can lead to more extended or permanent revocations. Since trucking companies have strict policies regarding DUI convictions, a driver with a DUI on their driving record may face termination or difficulty finding employment with reputable carriers.

Commercial truck drivers convicted of driving under the influence may face disqualification from operating commercial vehicles for a certain period. Repeat offenders with subsequent offenses or aggravated circumstances may lead to longer disqualification periods.

Insurance premiums for commercial trucking insurance are also likely to increase after a DUI conviction. Some insurance providers may even refuse coverage to drivers with a DUI on their record.

Since a DUI is a criminal offense, the conviction will result in a criminal record. This can have long-term consequences beyond the realm of commercial trucking, affecting personal and professional opportunities. In some cases, a court may require a commercial truck driver convicted of DUI to attend substance abuse education or treatment programs as a condition of probation.

DUI accident attorneys will ensure that your legal rights are protected throughout the legal process. This includes advising you on what to say to law enforcement, ensuring proper procedures were followed during the arrest, and protecting against any potential violations of your rights.

 

How a Drunk Driving Accident Lawyer Can Help you

When dealing with charges arising from drunk driving accident, a DUI attorney will check the case for any of the following:

  • Breathalyzer test errors or inaccuracy
  • Inaccurate DUI blood test
  • Inaccurate field sobriety test
  • GERD and medical conditions
  • No probable cause for the DUI stop
  • DUI with no proof of driving
  • Improper DUI sobriety checkpoints

 

Challenging the blood alcohol level test, arrest, police report and other aspects of the case is a common strategy used by defense attorneys to identify weaknesses, errors, or procedural violations that may be beneficial to the defense of their client.

Explore Legal Options with a DUI Lawyer

dui lawyer

Legal options for DUI defense can vary based on the circumstances of your case, the jurisdiction, and state-specific laws. Here are some general legal options for DUI defense:

  • Challenging the Traffic Stop: If law enforcement did not have a valid reason to stop your commercial vehicle (lack of reasonable suspicion or probable cause), your attorney may challenge the legality of the traffic stop and the DUI based on the circumstances of police officer stopping your motor vehicle.
  • Field Sobriety Tests (FSTs) Challenges: Field sobriety tests are subjective and may be challenged on the basis of their reliability. Issues such as improper administration, environmental conditions, or physical factors affecting performance can be raised.
  • Challenging Chemical Test Results: Your attorney may challenge the accuracy of chemical tests, such as breathalyzer or blood tests. This could involve questioning the maintenance of testing equipment, the qualifications of the individuals administering the tests, or the chain of custody of blood samples.
  • Rising BAC Defense: The rising blood alcohol content (BAC) defense argues that your BAC was below the legal limit at the time of driving but increased to an illegal level by the time the test was conducted.
  • Illegal Search and Seizure: If police officers conducted an unlawful search or seizure, evidence obtained as a result may be deemed inadmissible. This may include challenging the validity of a search of your vehicle or person.
  • Miranda Rights Violation: If law enforcement failed to inform you of your Miranda rights during the arrest process, statements made by you may be excluded from evidence.
  • Necessity or Emergency Defense: If you had a legitimate reason for driving under the influence, such as a medical emergency or the necessity to avoid a greater harm, this defense may be considered.
  • Witness Credibility Challenges: Your attorney may challenge the credibility of witnesses, including law enforcement officers, by questioning their recollection of events and potential errors in their testimony.
  • Procedural Violations: Attorneys may review the police report for any procedural errors during the arrest process or subsequent legal proceedings that could lead to the dismissal of charges. This may include failure to provide timely Miranda warnings, failure to follow proper arrest procedures, or other due process violations.
  • Negotiating Plea Bargains: In some drunk driving cases, negotiating a plea bargain may be a strategic option to reduce charges or penalties. This could involve pleading guilty to a lesser offense in exchange for a more lenient sentence.

 

When facing criminal charges, a drunk driving accident lawyer will help you determine whether you should challenge various aspects of your DUI arrest, plead guilty, or choose another strategy.

How Much Does a Good DUI Accident Lawyer Cost?

The cost of hiring a DUI attorney can vary widely based on several factors, including the attorney’s experience, reputation, location, and the complexity of the case. Here are some general considerations regarding the cost of hiring a DUI accident lawyer:

  • Hourly Rates: Many DUI lawyers charge by the hour for their services. Hourly rates can vary significantly based on the attorney’s experience and the region. Some experienced DUI accident lawyers may charge higher hourly rates.
  • Flat Fees: Some lawyers may offer flat fees for specific services, such as handling a DUI case from start to finish. Flat fees can provide more predictability for clients, but they may not cover additional costs like court fees or expert witness fees.
  • Retainer Fees: Attorneys often require clients to pay a retainer fee upfront. The retainer is a prepayment for the attorney’s services and is typically based on an estimate of the hours required for the case. As work is performed, the attorney deducts fees from the retainer.
  • Case Complexity: The complexity of the DUI accident case can impact the cost. Cases involving serious injuries, fatalities, or complex legal issues may require more time and resources, potentially leading to higher legal fees.
  • Geographic Location: Legal fees can vary based on the geographic location of the attorney. Lawyers in urban areas or regions with a higher cost of living may charge higher fees than those in rural areas.
  • Experience and Reputation: Highly experienced and reputable DUI accident lawyers may command higher fees due to their track record of success and expertise in handling complex cases.
  • Additional Costs: In addition to attorney fees, clients may be responsible for additional costs such as court filing fees, expert witness fees, investigation costs, and other expenses related to building a strong defense.

It’s essential to discuss fees and payment structures with potential DUI lawyers during initial consultations. Some lawyers offer free consultations to discuss the details of the case and provide fee estimates. During these consultations, clients can inquire about the attorney’s fee structure, payment plans, and any potential additional costs.

DUI Laws for Commercial Truck Drivers

DUI laws are complex and vary by jurisdiction. A lawyer specializing in DUI cases has the knowledge and expertise to navigate the legal system, understand local laws, and provide effective defense strategies. DUI laws for commercial truck driving are regulated by federal and state authorities. Here are some key points regarding DUI laws for commercial truck drivers in the United States:

  • Blood Alcohol Concentration (BAC) Limits: The legal BAC limit for commercial truck drivers is generally lower than that for non-commercial drivers. Commercial drivers are often subject to a BAC limit of 0.04% or lower.
  • Penalties for DUI Convictions: DUI convictions for commercial truck drivers can result in severe penalties, including fines, license suspension or disqualification, mandatory substance abuse programs, and potential imprisonment.
  • Disqualification Periods: Commercial truck drivers convicted of DUI may face disqualification from operating commercial vehicles. The length of the disqualification period can vary based on factors such as whether it’s a first offense or a repeat offense.
  • Federal Regulations: The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for commercial drivers, including those related to alcohol and drug use. Violation of these regulations can result in penalties, fines, and disqualification.
  • Employer Policies: Many trucking companies have strict policies regarding DUI convictions. A commercial truck driver with a DUI conviction may face termination or difficulty finding employment with other carriers.
truck driver with dui case

How to Choose a DUI Accident Attorney

Choosing a DUI accident attorney is a critical decision that can significantly impact the outcome of your case. Here are some important factors to consider when selecting a DUI accident attorney as a truck driver:

  • Specialization in DUI Defense: Look for a DUI lawyer who specializes in DUI defense or has extensive experience handling DUI cases. DUI laws are complex and constantly evolving, so having a lawyer with specific expertise in this area is crucial.
  • Experience with Commercial Drivers: Ideally, choose a drunk driving accident lawyer who has experience representing commercial truck drivers. They should be familiar with the unique challenges and legal implications associated with DUI charges for CDL holders.
  • Legal Knowledge: Choose a DUI lawyer who is familiar with the local laws and court procedures in the jurisdiction where your case will be heard. Local knowledge can be advantageous in navigating the legal system effectively.
  • Reputation and Track Record: Research the attorney’s reputation and track record in handling DUI cases. Look for reviews, testimonials, and any relevant case outcomes that demonstrate their ability to achieve favorable results for clients.
  • Communication Skills: Effective communication is crucial in legal matters. Choose a drunk driving accident lawyer who communicates clearly, keeps you informed about your case, and is responsive to your questions and concerns.
  • Legal Fees and Costs: Understand the DUI lawyer’s fee structure and costs associated with their services. Some attorneys work on a flat fee basis, while others charge hourly or offer a retainer. Discuss fees upfront to avoid surprises later.
  • Free Consultation: Many DUI attorneys and law firms offer a free initial consultation. Take advantage of this opportunity to discuss your case, ask questions, and assess whether you feel comfortable working with the attorney.
  • Confidentiality and Trust: Your attorney should prioritize confidentiality and build trust. Ensure that you feel comfortable sharing information with your DUI lawyer, as open communication is essential for a strong attorney-client relationship.
  • Courtroom Experience: A DUI case may go to trial, so it’s important to choose a drunk driving accident lawyer with substantial experience in the courtroom. They should be comfortable representing clients in front of a judge and jury if necessary.
  • References: If possible, ask for references from past clients or colleagues. Speaking with others who have worked with the attorney can provide insights into their capabilities and client satisfaction.

 

Remember that the consequences of a DUI charge can be significant, especially for a commercial truck driver. Taking the time to find an experienced and reputable DUI accident attorney is a crucial step in protecting your rights and achieving the best possible outcome for your case.

 

Third-Party Liability in a DUI Accident

Third-party liability in DUI accidents refers to the legal responsibility that certain individuals or entities, other than impaired drivers, may bear for the damages and injuries caused by the drunk driving incident. In the context of a DUI accident, other parties may also refer to individuals or entities who are not directly involved in the impaired driving, but who suffer harm as a result.

  • Innocent Victims: The most common third parties in a DUI accident are innocent victims, such as pedestrians, other drivers, passengers, or cyclists who are injured or killed due to the actions of drunk drivers.
  • Property Owners: Property owners or entities responsible for maintaining the road or premises where the accident occurs may also be considered third parties if inadequate road conditions or other hazards contributed to the incident.
  • Employers: If the drunk driver was operating a vehicle for work purposes or in the course of employment, the employer may face liability for the actions of their employee under the legal principle of vicarious liability.
  • Alcohol Providers: In certain cases, establishments or individuals that served alcohol to the impaired driver may be considered liable parties if they violated laws related to overservice or serving alcohol to visibly intoxicated individuals. Social hosts who provide alcohol to individuals may be held liable for injuries caused by guests they served if the guest later causes a DUI accident depending on the state’s laws.

 

Get Commercial Trucking Insurance

Find an insurance company that offers competitive rates and tailored policies for motor vehicle drivers. CTI works with multiple carriers to help you explore your options. Get a truck insurance quote from our TRS-certified experts today. We are dedicated to helping you find the best available deals in commercial trucking insurance.

Request a Quote