Driving under the influence charges can carry severe consequences, especially for commercial drivers. In West Virginia, the standards for commercial driver’s license (CDL) holders are stringent, and the penalties for a DUI conviction can be life-changing. Due to the nature of commercial driving and the trust placed in these drivers to operate heavy vehicles responsibly, the threshold for what constitutes driving under the influence is much lower than for non-commercial drivers. The legal blood alcohol concentration (BAC) limit for a CDL holder in West Virginia is 0.04%, half of the 0.08% limit for regular drivers. Therefore, even minor infractions can put a commercial driver’s livelihood at risk.
Commercial drivers facing DUI charges may find their ability to continue their careers threatened. However, there are numerous defenses available to CDL holders facing such accusations. A skilled attorney can investigate the circumstances of the arrest, the reliability of the evidence, and procedural matters to develop a strong defense. Understanding the various legal defenses that can be employed in commercial license DUI cases is essential for commercial drivers who are trying to protect their licenses and careers in West Virginia.
Unlawful Traffic Stop
One of the most powerful defenses available in a commercial DUI case is challenging the legality of the initial traffic stop. Police officers must have a valid reason to pull over a vehicle, such as erratic driving, speeding, or a broken taillight. If the officer had no lawful basis to make the stop, then any evidence obtained after the stop, including breath or blood test results, could be suppressed. This means that the prosecution may not be able to use the results of the BAC test, which could lead to a dismissal of the charges.
Commercial drivers often travel long distances and through unfamiliar areas. This can sometimes lead to unintentional minor traffic violations, which are then used as a pretext for a DUI stop. A careful examination of the officer’s justification for the traffic stop can reveal whether the stop was lawful. If it was not, the entire case could be compromised.
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Inaccurate Field Sobriety Tests
Field sobriety tests are commonly used by police officers to determine whether a driver is impaired. These tests, which may include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus, are designed to assess a driver’s physical coordination and cognitive abilities. However, these tests are notoriously unreliable, particularly when administered to commercial drivers who may be fatigued from long hours on the road or affected by other conditions unrelated to alcohol consumption.
The results of field sobriety tests can be challenged on several grounds. For instance, certain medical conditions, such as inner ear problems or neurological disorders, can impair balance and coordination, making it difficult to perform these tests accurately. Furthermore, environmental factors like poor lighting, uneven road surfaces, or inclement weather can also affect the results. If the field sobriety tests were not administered correctly, or if the conditions were not conducive to accurate testing, the results can be challenged in court.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
Questionable Breath Test Results
Breathalyzer tests are often used to measure a driver’s BAC at the time of a traffic stop. However, these tests are not always accurate, and the results can be challenged in a DUI defense case. Commercial drivers can argue that the breathalyzer machine was not properly calibrated or maintained, leading to faulty results. Breath tests can also be affected by certain substances in the driver’s mouth, such as mouthwash or medications, which can produce falsely elevated BAC readings.
Additionally, breath tests must be administered in accordance with specific procedures. Officers must observe the driver for a period before administering the test to ensure that no factors interfere with the accuracy of the results. If this observation period was not adhered to, or if the officer failed to follow proper protocols, the breath test results may be invalidated.
Challenging Blood Tests
Blood tests are often seen as more accurate than breathalyzer tests, but they are still subject to errors and challenges in court. If a blood sample was improperly handled, stored, or tested, the results may be inaccurate. Commercial drivers facing DUI charges can question the integrity of the chain of custody for their blood sample, ensuring that the sample was not contaminated or tampered with at any point.
There may also be issues related to the timing of the blood test. Alcohol absorption rates can vary, and the BAC level at the time of the test may not accurately reflect the driver’s BAC at the time they were operating the vehicle. These factors can be scrutinized by the defense to weaken the prosecution’s case.
Rising BAC Defense
The rising BAC defense can be particularly relevant in commercial DUI cases. This defense asserts that a driver’s BAC was below the legal limit while they were driving but increased to an illegal level by the time the test was administered. This can happen if a driver consumed alcohol shortly before being pulled over and the alcohol had not fully absorbed into their bloodstream until after the stop.
West Virginia law dictates that a driver must be intoxicated while operating the vehicle, not merely when the test is taken. If the prosecution cannot definitively prove that the driver’s BAC was above the legal limit at the time of driving, this defense could be successful in court.
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Improper Arrest Procedures
The way in which a driver is arrested can also play a critical role in a commercial DUI defense. Police officers must follow strict procedures when making an arrest, including reading the driver their Miranda rights, ensuring that no coercion is involved in obtaining consent for BAC testing, and maintaining professional conduct throughout the process. If the arresting officer violated the driver’s constitutional rights in any way, such as by conducting an unlawful search or using excessive force, this could lead to the suppression of evidence or even the dismissal of the charges.
An improper arrest is not just a procedural issue. It can impact the validity of the entire case against a commercial driver. When a driver’s rights are violated, it undermines the integrity of the investigation and the evidence gathered as a result.
Medical Conditions and Medications
Medical conditions and medications can affect a driver’s ability to perform well on field sobriety tests or influence BAC readings. Commercial drivers often suffer from medical conditions, such as diabetes or sleep apnea, that can cause symptoms similar to intoxication, including dizziness, fatigue, or confusion. Certain medications can also interact with alcohol or cause side effects that mimic the signs of impairment, leading to false positive results on breath or blood tests.
An experienced attorney will examine the driver’s medical history and any medications they were taking at the time of the arrest. If a legitimate medical condition or medication contributed to the arrest or influenced the BAC reading, this could be a valid defense in court.
Case Results
Insufficient Evidence
In some cases, the prosecution may lack sufficient evidence to prove beyond a reasonable doubt that a commercial driver was driving under the influence. DUI cases are built on various types of evidence, including BAC test results, police reports, and witness testimony. If the evidence is weak, contradictory, or was improperly obtained, the defense can argue that the prosecution has not met its burden of proof.
For example, if the BAC test was administered long after the driver was stopped, or if the officer’s testimony is inconsistent, these issues can be used to cast doubt on the prosecution’s case. In a commercial DUI case, where the stakes are high, every piece of evidence must be thoroughly examined and scrutinized by the defense.
Facing a DUI charge as a commercial driver in West Virginia can be an overwhelming experience, with significant consequences for your career and livelihood. The strict regulations governing commercial drivers make it crucial to mount a strong defense against any allegations of driving under the influence. From challenging the legality of the traffic stop to questioning the accuracy of the evidence, there are numerous defenses available to those facing such charges.
Each commercial DUI case is unique, and the success of a defense will depend on the specifics of the case and the skill of the attorney representing the driver. If you find yourself charged with a commercial DUI in West Virginia, it is essential to act quickly and seek legal counsel who understands the complexities of commercial DUI cases.
At The Wagner Law Firm, our team is dedicated to defending commercial drivers against DUI charges. We understand the serious impact that these charges can have on your future, and we are committed to protecting your rights and your career. Contact us today to discuss your case and explore your legal options.