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Understanding the Consequences of a CDL DUI
For commercial drivers, a DUI charge comes with more severe consequences compared to regular drivers. In South Carolina, if you hold a CDL and are arrested for driving under the influence of alcohol or drugs, the penalties can be harsh, even for a first offense. Unlike regular drivers who are allowed a blood alcohol concentration (BAC) of 0.08%, commercial drivers are held to a stricter standard with a BAC limit of only 0.04%. This means that even a small amount of alcohol in your system can result in an arrest and significant penalties. If you are convicted of a CDL DUI, you could face a suspension of your commercial license for a lengthy period, or in some cases, it could be revoked permanently. For a first-time DUI offense, your CDL can be suspended for one year. If you are caught driving under the influence while transporting hazardous materials, the suspension could increase to three years. These suspensions can have devastating consequences for your career, as many drivers rely on their CDL to support themselves and their families.
The Importance of Protecting Your CDL
In South Carolina, your CDL is more than just a license—it is often the key to your job and the stability of your household. Losing your CDL due to a DUI conviction can mean the loss of your job and difficulty finding employment in the future. In many cases, people who hold a CDL do not have other career options that offer the same pay or benefits. For this reason, it is critical to take action immediately after being charged with a DUI to avoid losing your livelihood. It’s also important to note that even if you are not convicted of a DUI, an arrest can still lead to a suspension of your CDL. South Carolina law mandates that the Department of Motor Vehicles (DMV) automatically suspend your CDL if your BAC exceeds the 0.04% limit or if you refuse to submit to a breathalyzer test. This is why it’s so important to have an experienced attorney by your side who can guide you through the legal process and fight for your rights. A skilled attorney can challenge the evidence against you and help to minimize the potential consequences of a DUI charge."He has an innate ability to convey to clients what really matters in their cases."
"John Bateman is my absolute go to peer in the legal field when it comes to questions about DUI. . . . He has an innate ability to convey to clients what really matters in their cases. As a fellow attorney, I highly recommend John to anyone in the SC or NC areas who are looking for... legal representation when facing a DUI charge."
M. Brock
"An excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State"
"John is an excellent DUI attorney. He has received the same field sobriety test training as all police officers in the State, and also the same training as the people who are the instructors of the police officer training courses on field sobriety tests. He is very passionate about DUI's and I recommend him often to people who are facing serious charges in the upstate area."
P. Hammond
"He cares for each of his clients and works extremely hard to achieve results."
"Very knowledgeable and thorough in his preparation and representation of his clients. He cares for each of his clients and works extremely hard to achieve results. I highly recommend this lawyer."
C. Grubbs
Steps to Take After a CDL DUI Arrest
If you have been arrested for a CDL DUI in South Carolina, there are several important steps you should take to protect your rights and avoid the loss of your commercial license. The first and most important step is to reach out to an attorney who has experience handling DUI cases, particularly those involving commercial drivers. An attorney can review the details of your case, explain the potential consequences you are facing, and help you develop a strategy for defending your license. In addition to contacting an attorney, you should also request a hearing with the South Carolina DMV. After a DUI arrest, you only have 30 days to request this hearing. Failing to do so will result in an automatic suspension of your CDL. At the hearing, you and your attorney will have the opportunity to challenge the suspension and present any evidence that could help your case. It is also important to comply with any legal requirements following your arrest, such as attending alcohol education classes or submitting to chemical tests. Failing to comply with these requirements could further jeopardize your ability to retain your CDL.How an Attorney Can Help
Navigating a CDL DUI case in South Carolina is a complex process. The penalties associated with a DUI conviction can be life-altering, but with the right legal representation, it is possible to reduce the impact on your career and your future. A knowledgeable attorney can investigate the circumstances surrounding your arrest, examine the evidence, and look for any potential flaws in the prosecution’s case.Related Videos
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