Grand Junction Commercial DUI Lawyers
Being arrested for a DUI as a commercial driver means more than a license suspension and DUI school; it means your livelihood could be at stake. Colorado’s DUI laws will permanently revoke a commercial driver’s license if you are arrested for at least two DUIs, even if you were driving a personal vehicle. In addition to stricter BAC limits, commercial drivers face worse penalties if convicted of a DUI.
At Peters & Nolan, LLC, we specialize in fighting DUI charges and have an in-depth understanding of Colorado’s DUI laws. Our lead attorneys have resolved thousands of these cases for clients throughout Mesa County and know the intricate procedures that go into DUI arrests, including how inexperienced officers can cause false positives. If you entrust your case to use, you can rest assured that you will have two of the top Grand Junction commercial DUI lawyers defending your future.
Do not wait. Call Peters & Nolan, LLC, at (970) 243-4357 for a free consultation.
Broadly speaking, a commercial driver is anyone who operates a vehicle for work, but in terms of Colorado’s DUI laws, it refers to a driver who is required to have a commercial driver’s license (CDL). CDLs are required for any driver who operates a vehicle with a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more, a vehicle that transports 16 or more passengers, or a vehicle that transports hazardous materials.
This can include:
- Semi-truck drivers
- Tanker-truck drivers
- Flatbed truck drivers
- Garbage truck drivers
- Cement truck drivers
- Bus drivers
- Van drivers
Anyone arrested while operating a vehicle with a blood alcohol concentration (BAC) of 0.08% can have their license suspended for a year or more, have to attend DUI school, pay hundreds of dollars in fines, and even be sent to jail. But the rules for anyone who has a CDL are much stricter. Rather than the standard 0.08% limit, commercial drivers are limited to 0.04% while on the job. In addition, commercial drivers under the age of 21 have a BAC limit of 0.02%.
Another key difference is the use of personal vehicles. When a driver has a CDL, he is always subject to its rules. That means if the driver is arrested for a DUI while operating his personal vehicle, the DMV can still impose restrictions on his CDL, as well as his personal license.
When a commercial driver is arrested for a DUI, it opens up three cases. First, the district attorney will choose whether to pursue criminal charges against the driver, which, for a first-time offender, can lead to:
- Completion of a drug and alcohol therapy and education program (or up to one year in jail if you do not complete the program)
- Up to $1,000 in fines
- Mandatory community service for up to 120 hours
The other two cases will be handled by the DMV, and involve a DMV hearing for both your CDL and personal driver’s license. These hearings are not automatic, however, and you will need to schedule one within 10 days of receiving a Notice of Revocation to avoid a license restriction.
For your personal license, the DMV can revoke your license for up to nine months for your first offense. Alternatively, you may be eligible for early reinstatement, which involves serving one month of the revocation, completing a DUI class, and installing an ignition interlock device in your vehicle. There may be other restrictions and penalties for multiple DUIs.
For your CDL, the DMV can revoke your license for up to one year for your first offense. You will be able to apply for a new CDL after that period, but only if you do not have any other restrictions on your personal device, such as an ignition interlock device. In addition, if you are charged with a second DUI on your commercial license, the DMV can permanently revoke your license. In other states, you may be able to get the ban lifted after 10 years and rehabilitation, but Colorado does not offer this option.
Colorado imposes some of the harshest punishments on commercial drivers and grants them very little time to fight for their future. That is why securing a strong defense is so important. At Peters & Nolan, LLC, we understand the full consequences of a DUI conviction for commercial drivers, but we also know how to beat these charges in both DMV hearings and the courtroom.
If you bring your case to use, we can use several defenses on your behalf, including:
- You were not operating the vehicle.
- You were not intoxicated.
- You only showed the objective signs of intoxication.
- The arresting officer performed an illegal stop and did not have probable cause to stop you.
- The arresting officer did not perform the field sobriety or breathalyzer test properly.
- The test showed a false positive due to your diet, medical history, or a testing error.
Beating a commercial DUI charge requires the expertise of a Grand Junction criminal defense lawyer at Peters & Nolan, LLC. Both of our founding attorneys have fought to get hundreds of clients complete dismissals of all charges. If you have been arrested for a commercial DUI in Grand Junction, do not hesitate to contact us for a free case evaluation.
Your future is on the line. Pick up the phone and call us at (970) 243-4357.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.