Criminal Defense
Simms and Associates

Commercial Driver's License DUI

If you do NOT hold a Commercial Driver's License,
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Birmingham, Alabama DUI and Commercial Driver's License Suspension Attorney

Both the penalties and consequences for a commercial drivers license DUI are extremely harsh and life-changing. At Simms & Associates in Birmingham, Alabama, we are well aware of the ramifications of DUI on a commercial driver's record and will diligently represent you and protect your rights.

Commercial Vehicle DUI

duiHolding a commercial license is a responsibility beyond operating your work vehicle. The standards are much stricter. In Alabama, you cannot operate a commercial vehicle while having "a measurable or detectable amount of alcohol in your system" and you will be placed out of service for 24 hours. You will be arrested if your blood alcohol content is .04 percent or above. If you hold a commercial driver's license and are charged with DUI / DWI in a private vehicle, your privilege to operate a commercial vehicle will be suspended for one year. Contact Simms & Associates immediately to take action to stop the suspension.

Proactive Approach

Following your arrest, we will need to take immediate steps to preserve your ability to drive. At Simms & Associates , we recognize that time is of the essence in suspended license issues. Within ten days, we must request an administrative hearing with the Department of Motor Vehicles to prevent your CDL license from being automatically suspended while you fight the DUI charge. If you still have your license suspended at the hearing, we can file an appeal against the Department of Public Safety. Under current law, your license cannot be suspended unless there is a commercial DUI conviction.

Penalties of a Commercial Vehicle DUI

commercial driverIf you are convicted of a commercial vehicle DUI, you will have your license suspended for one year without the option of a hardship license; two years if you refused the breathalyzer test. Unlike other states, there is no provision for a hardship license in Alabama. For multiple offenses, the penalties are much stricter with longer suspension times. A fourth offense within five years becomes a felony DUI.

Consequences of a Commercial Vehicle DUI

Whether it is only one or multiple convictions, a DUI conviction for a commercial driver will make you unemployable if you wish to continue your career driving a commercial vehicle. Even if you get your commercial license back, most employers will not even consider your application with the DUI on your criminal record.

We will review the circumstances surrounding the initial stop, the procedures related to field sobriety and breath tests, and any other related factors. You are entitled to aggressive representation from a knowledgeable DUI lawyer.

For more information or to schedule an appointment with a Birmingham, AL DUI attorney, please contact us.