How Can I Avoid Losing My CDL After an Illinois DUI?

 Posted on October 25, 2022 in DUI

If you own a commercial driver's license, you probably rely on your license to make a living. You may be a truck driver, bus driver, delivery driver, or another type of commercial driver. Regardless of what you do for a living, if you are arrested and convicted of driving under the influence (DUI) in Illinois, you could face the loss of your commercial driver's license (CDL). It is essential that you take steps to protect your future. Contact a DUI defense lawyer with experience representing CDL holders and start building your defense right away. 

Defense Strategies for CDL Holders Accused of Drunk Driving

In Illinois, the legal limit for blood alcohol concentration (BAC) is 0.08 percent for most drivers. For commercial drivers, the legal limit is much lower. You can be charged with DUI if your BAC is 0.04 percent or higher. For some people, as few as one or two drinks can put you over the legal limit. 

If you are convicted of drunk driving, you face a one-year disqualification of your commercial driver's license.  If you are caught driving drunk a second time, you will lose your CDL for life. 

There are defenses that may help you avoid a DUI conviction and the loss of your CDL. An experienced DUI defense attorney will know which defenses may work in your case. Some possible defenses include:

• The stop was illegal – The police must have justification for conducting a traffic stop. They cannot pull someone over on a hunch or because the person was driving in a "bad neighborhood." If there was no "reasonable suspicion" to justify the initial traffic stop, your case could be dismissed. 

• The field sobriety tests were not conducted properly – Field sobriety tests are notoriously inaccurate. If the police officer who arrested you did not follow the proper procedure for administering the tests, the results may not be admissible in court. 

• There was a problem with the breath test – The machine used to measure your BAC may have been improperly calibrated or not maintained. If the machine was not working properly, the results of your breath test may be inaccurate. 

• The blood test results were unreliable – Blood tests are not always accurate. If the blood sample was mishandled or contaminated, the results may be inaccurate. 

Contact an Elgin CDL Defense Lawyer 

Kane County criminal defense attorney Brian J. Mirandola has extensive experience defending clients accused of drunk driving. Mr. Mirandola was an Assistant State's Attorney, so he knows how to find flaws in the prosecution's case and present a robust defense. Call The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501