Commercial Driver’s License (CDL)
We help defend those holding a commercial driver’s license (CDL)
in DUI charges. There are several specific legal provisions in South Carolina
that effect CDL holders differently than other drivers. We also understand
that for professional drivers rely on their CDL to support their family,
and that success is critical with any DUI charge.
Anytime a CDL holder is charged with DUI their livelihood is at risk. When
we are hired to represent a CDL holder it is with the understanding that
DUI charges must be dismissed, or otherwise fully contested in court.
How can you lose your CDL after a DUI arrest?
Not everyone arrested for DUI will automatically lose their CDL. In order
for a CDL suspension to apply, the DUI arrest must also include:
Providing an alcohol breath reading of 0.04% or higher
if arrested while driving a commercial vehicle;
- Refuses to take a breath, urine or blood test, or provides a breath sample
of 0.15% or higher (regardless if in a personal or commercial vehicle);
- Is convicted in court of any DUI or DUAC offense.
Keeping Your CDL
It is imperative that commercial drivers have their DUI cases dismissed
or are found not-guilty by the court. A DUI conviction can result in a
long-term suspension of a CDL license, and repeat DUI convictions can
result in a CDL revocation.
In addition to the DUI charge, it is also imperative that commercial drivers
contest any implied consent suspension. The Office of Motor Vehicle Hearings
has authority to dismiss the Notice of Suspension issued by the police
officer, if and when that officer fails to demonstrate that it was issued
in strict compliance with the law.
Our attorneys defend commercial drivers both in DUI court and at the Office
of Motor Vehicle Hearings.
What about implied consent CLD suspensions?
If you refused a breath test, or provided too high of a reading, the police
officer can suspend your driver’s license at the time of arrest.
This is under South Carolina’s implied consent law.
It is extremely important that if this applies to you that you submit a
petition challenging this notice to the Office of Motor Vehicle Hearings
in downtown Columbia. Doing so will allow you to receive personal driving
privileges within just a few days, and can help you avoid a more permanent
loss of a CDL license regardless of the outcome of the DUI arrest.
CLD Defense System
Immediately upon being retained to defend a DUI, we put our defense system
to work. This includes:
- Preparing and filing any necessary petition before the Office of Motor
Vehicle Hearings. We hand deliver petitions so that they can be processed
as soon as possible, rather than incurring mail delays;
- Preparing and filing court documents and motions notifying the prosecutor
that we are fully contesting the charge and requesting pre-trial disclosure
of evidentiary materials;
- Requesting SLED produce records relating to any breath test procedure;
- Filing objections to any urine or blood test, requesting information about
those tests in advance of trial, and demanding appearance in court of
all responsible parties;
- Reviewing patrol car video footage, body cam footage, police reports, witness
statements, field sobriety test results, and any other materials. Two
lawyers, along with any retained expert, participate in this review to
ensure that nothing slips through the cracks;
- Seeking a dismissal or favorable reduction before court, or being prepared
to fully challenge the case in court.