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Understanding CDL DUI Charges in South Carolina
A commercial driver’s license comes with higher standards and stricter rules than a regular driver’s license. In South Carolina, if you operate a commercial vehicle, the legal blood alcohol concentration limit is half of what it is for non-commercial drivers. This means a BAC of just 0.04 percent or higher can lead to a CDL DUI charge. Even if you are driving your personal vehicle and your BAC is 0.08 percent or higher, you can still face penalties that could impact your CDL. A DUI charge for a CDL holder can lead to severe consequences, including losing your license for a year or more. This could mean losing your job, income, and ability to provide for yourself and your family. It is essential to act quickly to protect your rights and fight the charges against you. With the right defense, it is possible to challenge the evidence, protect your license, and work towards a positive resolution.Examining the Traffic Stop
One of the first strategies to fight a CDL DUI charge is to look closely at the traffic stop. Law enforcement officers must have a valid reason to pull you over. If there was no reasonable suspicion of a traffic violation or criminal activity, the stop could be considered illegal. This might result in the evidence gathered during the stop being thrown out. For example, if an officer stopped you without observing any signs of impaired driving or vehicle issues, this could be a strong point of defense in your case.
Questioning the Field Sobriety Tests
If field sobriety tests were conducted, we will carefully review how they were administered. These tests are often used to determine impairment, but they are not always reliable. Factors like poor road conditions, weather, or even your physical health can affect your ability to perform well on these tests, even if you were not impaired. Officers must follow strict procedures when administering field sobriety tests, and any deviation from these procedures can weaken the prosecution’s case against you.Challenging Breath and Blood Tests
Breath and blood tests are commonly used to measure BAC, but these tests are not foolproof. Machines used to test breath must be properly maintained and calibrated to provide accurate readings. Errors in maintenance, calibration, or even the administration of the test can lead to incorrect results. Blood tests must be handled and processed correctly to avoid contamination or errors. We will examine the testing methods, chain of custody, and other details to ensure your results were accurate and obtained lawfully.Investigating Witness Statements and Evidence
Sometimes, a DUI case involves statements from witnesses or other drivers. We will investigate these statements to determine if they are consistent, credible, and supported by evidence. Additionally, we will examine any dashcam or bodycam footage that may exist. These recordings can provide critical details about the stop, the officer’s behavior, and your actions during the encounter."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
Exploring Alternative Explanations for BAC Levels
There are many factors that can influence your BAC, including medications, medical conditions, or even the timing of your last drink. For example, certain medical issues like acid reflux or diabetes can cause false readings on a breath test. Alcohol consumed shortly before driving may not have been fully absorbed into your bloodstream at the time of testing. These details can provide alternative explanations that cast doubt on the prosecution’s case.Protecting Your CDL and Livelihood
One of the biggest concerns for commercial drivers facing a DUI charge is the potential loss of their license. In South Carolina, a first-time offense can result in a one-year disqualification, while subsequent offenses can lead to a lifetime ban. These penalties are strict, but they are not set in stone. By challenging the evidence and negotiating with prosecutors, it is sometimes possible to reduce penalties or protect your CDL. Our goal is always to help you keep your career and get back on the road.Building a Personalized Defense Strategy
No two CDL DUI cases are the same, which is why a one-size-fits-all approach does not work. At The Bateman Law Firm, we focus on understanding the unique circumstances of your case and tailoring a strategy to address the specific challenges you face. Whether it involves identifying flaws in the evidence, demonstrating your compliance with regulations, or uncovering procedural errors, every detail matters. We aim to create a comprehensive plan designed to achieve the best possible outcome, whether that means reduced charges, dismissal, or protecting your CDL.Related Videos
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