A commercial driver’s license (CDL) is required if you will be operating any type of vehicle over a certain gross weight. These types of vehicles typically include tow trucks, tractor trailers, and buses. The primary reason a person obtains a CDL is for employment purposes. Because operating a tow truck, bus, or other heavy vehicle is a career choice, losing the license means losing your ability to adequately support yourself and your family which is devastating.
In 2005, the law covering suspension of a commercial driver’s license increased its penalties to include CDL suspension even if your conviction involved only your personal vehicle. This is a really stiff penalty considering that your CDL will be automatically suspended if you are convicted of any drinking and driving offense, which includes operating while impaired (OWI) or refusing a breath test. If this is your first offense, your CDL will be suspended for one year. However, if this is your second or third offense your license will be revoked for a minimum of ten years.
The Difference Between a Suspension and Revocation
The difference between a suspension and revocation is huge and worth mentioning. A suspension means that after the year suspension is over, your commercial vehicle license will be automatically returned to you. A revocation means that your CDL is taken away completely and the only way to get it back is to reapply and go through the entire application process like you did the first time.
Remember, these penalties apply whether the offense is committed while driving your commercial vehicle or your personal vehicle. This really raises a CDL holder’s responsibility when it comes to driving. The license suspension is mandatory and you will want an experienced and aggressive attorney advocating on your behalf immediately to get the charge dismissed or reduced.
Getting the Offense Reduced
Dealing with a drinking and driving offense is stressful enough, adding the loss of your commercial vehicle license to the picture can be overwhelming. Getting that drunk driving offense reduced to a non-drinking offense is crucial if you want to keep your commercial driver’s license and your livelihood. Negotiating a plea to reckless or careless driving could mean the difference between maintaining your career and having to start all over.
Although receiving a reckless driving offense while using your commercial vehicle will still result in a one-year suspension of your CDL, if you were using your personal vehicle when the offense was committed, your CDL will only be suspended for 90 days. This is something you will really want to fight for especially if you rely on your CDL to make your living.
Your Charge Could be Dismissed
In addition to negotiating a plea deal, it may be possible to get your charge dismissed. The attorneys in our office are highly trained in challenging the reliability of the breath or blood evidence. In fact, attorney Barton Morris is the only metro Detroit attorney to have completed the Axion Lab Blood Alcohol and Drug THC Testing Course. This gives him, and you, the edge above everyone else when it comes to analyzing evidence in a drinking and driving case.
Because an alcohol related conviction has such a large impact on a CDL holder’s ability to maintain a career, it is absolutely necessary that you hire a lawyer who will thoroughly investigate every possible defense to your charge. The penalties given to CDL drivers for alcohol related offenses are severe, and navigating the legal process on your own could cause irreparable harm.
Contact Our Top Rated Top DUI Law Office
If you have been charged with a drinking and driving offense in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Sterling Heights or any surrounding area and want the best OWI/DUI defense lawyer, call the Law Office of Barton Morris today.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”