CDL DUI in Phoenix Arizona Attorney
If you make your living driving a truck, then your CDL license is your livelihood. Since the DUI laws for those with a CDL license are even stricter than those for the rest of the population, you could find yourself being charged with a Phoenix AZ DUI after having very little to drink. If convicted of this offense, you could lose your CDL license, therefore, the ability to make a living for you and your family.
The Phoenix criminal attorneys at Ciccarelli Law Offices understand your issue and why you are anxious about the outcome of your charges. We also know that with the right defense, all angles of a DUI case can be explored and that the charges are never open and shut. We will work hard on your behalf to secure the best possible outcome to your DUI charges.
Why Choose the Ciccarelli Law Offices for Your Phoenix DUI Charges?
When you have the highly experienced DUI team from the Ciccarelli Law Offices in your corner, you can expect them to explore every single angle of your case to have your sentence reduced, or the charges reduced or dropped altogether.
Why Should You Choose Us?
- Between our team members, we have nearly a hundred years of experience in criminal defense and DUI charges.
- Attorney Lee Ciccarelli is recognized by Super Lawyers, receiving the Ten Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys.
Lee is also a member of the National College of DUI Defense.
- Our DUI defense team strives to bring advocacy and experience to every DUI case we take, representing our clients’ interests in a caring, determined, aggressive manner.
- We believe strongly in fighting for the rights of those whose liberty and future are on the line after being charged with a DUI.
- Our goal is to truly make a difference for our clients regardless of who they are, where they are from, or how much money they have.
- We have successfully represented thousands of clients across the country and have hundreds of Five-Star Reviews to showcase that success.
- When you choose the Ciccarelli Law Offices to defend your Phoenix DUI, you have taken the first step for the best outcome possible.
The Laws Differ When You Have a CDL and Are Charged with DUI in Phoenix
First and foremost, if you have a CDL license you can be charged with a DUI if your BAC is above .04 percent rather than the standard .08 percent. If you are driving your vehicle, then the .08 percent BAC level applies. A first offense DUI will result in a one-year suspension of your CDL license, regardless of whether you were driving a commercial vehicle or a personal vehicle and your “regular” license will be suspended for 30-90 days. You may also be required to meet additional requirements such as mandatory alcohol counseling, probation, fines and fees, and an ignition interlock device installed at your expense on your vehicle.
Essentially, the penalties for a first time DUI for a CDL holder are similar to those with a “regular” driver’s license, including:
- Approximately $2,000 in fines and fees
- A mandatory minimum of one day in jail, with the potential of up to ten days in jail (if your BAC was .08 or less)
- Court-mandated substance abuse classes
- A mark on your criminal record (a Class 1 Misdemeanor)
- Revocation of your Class A, B, or C CDL Licenses for a minimum of one year
- At least a 90-day suspension of your regular driver’s license
- The necessity of having a certified ignition interlock device installed on your vehicle
As a CDL holder in Phoenix Arizona you are required under law to notify your employer within 30 days of a conviction for DUI. This requirement holds whether you were cited while in your vehicle or a commercial vehicle. Even if the MVD hearing is pending, you are still required to report your DUI conviction. You must also notify your employer as soon as you receive notification that your CDL license has been revoked, suspended, disqualified, or withdrawn (before the end of business day on the day after you receive the notification). If this is your second offense DUI, if convicted you could receive a lifetime CDL suspension. As you can see, a DUI conviction can have very serious consequences to your livelihood and your future.
What are the Potential Defenses Associated with a CDL DUI?
Defenses associated with a CDL DUI are essentially the same as those charged with a regular or extreme DUI in Phoenix. The primary difference in being charged with a CDL DUI pertains to employment consequences. While your specific defense(s) will depend on the exact circumstances surrounding your stop and arrest, below are some of the most commonly used DUI defenses.
The traffic stop made by the police officer was not lawful, i.e., the police officer had no reasonable cause to pull you over.
The field sobriety tests done at the time you were pulled over were not accurate or were not properly performed. Field sobriety tests have a very high rate of false positives. There are many, many reasons a person could fail field sobriety tests, even when sober. These reasons might include:
- A person who is overweight
- Certain prescribed medications
- Specific illnesses or medical conditions
- An individual who has balance issues or vertigo
- Women who are wearing heels
- Adverse roadside conditions such as rocks and uneven terrain
- Nervousness over being pulled over
- A knee or hip injury
- The vehicle does not meet the statutory requirements for a commercial vehicle.
The BAC testing device was not reliable. Breathalyzer tests must be routinely calibrated and maintained. Officers who administer breathalyzer tests must be properly trained and re-certified at certain intervals. The actual breathalyzer test must follow certain rules. If there are problems concerning any of these breathalyzer issues, then the BAC results may be thrown out.
You were not read your Miranda rights, or you were denied your right to counsel even after you requested an attorney.
How Can the Ciccarelli Law Offices Team Assist You with Your CDL DUI in Phoenix?
At Ciccarelli Law Offices, our Phoenix DUI lawyers are passionate about representing individuals accused of crimes across the state. We know that this is a terrifying time and we work tirelessly to protect your rights and freedom at every turn. Let Attorneys Lee Ciccarelli helps you through this difficult time in your life. We have extensive experience handling complex DUI cases in Phoenix and throughout the state of Arizona.
You deserve a Phoenix DUI lawyer that is available when you need him, a lawyer who treats you with respect and protects your rights vigorously. Call us today!