CDL DWI Defense Attorney in Kingston, PA Supporting Commercial Drivers Facing DWI Charges in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania
When you drive for a living, the implications of a DUI charge could put your entire career at risk. With your job on the line, you can’t afford to take drunk driving charges lightly. A Luzerne County CDL DUI lawyer at Muckler Law, LLC is prepared to help truck drivers, bus drivers, taxi drivers, and other commercial drivers fight drunk driving charges and minimize the impact of this legal issue on their lives.
Facing DUI charges can leave you with a lot of questions, especially if you have a commercial driver’s license (CDL) to protect or if the incident that resulted in these charges occurred on the job. Our firm offers a free, confidential consultation that allows you to get your questions answered and your legal rights explained with no obligation. Contact us today and see how the guidance of an experienced attorney can provide peace of mind during this stressful situation.
Skilled Legal Representation for Commercial DUI Charges in Kingston, PA
Commercial drivers charged with DUI in Pennsylvania can and should put up the strongest possible defense against these charges. In PA, driving under the influence of alcohol or drugs is a criminal offense, and it carries the potential for penalties as serious as fines, court-ordered attendance at driving programs, and even jail time. Additionally, a conviction of this offense could potentially cost you your CDL and threaten your livelihood.
Pennsylvania Laws Against Commercial DUI
Driving under the influence of alcohol or drugs is established as a crime under Section 3802 of Title 75 of Pennsylvania Consolidated Statutes. This law prohibits operating a vehicle with a blood or breath alcohol content (BAC) over a certain threshold. Even if your BAC is below that threshold, however, operating a vehicle after consumption of any amount of alcohol or controlled substance that renders you “incapable of safely driving, operating or being in actual physical control” of a vehicle’s movements is a violation of this statute.
For the general public, the BAC limit in Pennsylvania is 0.08%. For extremely high rates of intoxication, more serious charges or penalties could apply. A BAC between 0.10% and 0.16% meets the legal definition of a high rate of alcohol, while a BAC equal to or greater than 0.16% is considered the highest rate of alcohol.
Certain populations are subject to more stringent restrictions. For example, under the state’s zero-tolerance law, minors can be charged with a DUI if they have a BAC of 0.02% or higher. Regardless of their age, commercial drivers of any kind are subject to lower BAC limits.
If you drive a school bus or school vehicle in Pennsylvania, you can be charged with CDL DUI with a BAC of just 0.02%. For all other commercial drivers, the legal limit above which you are considered too intoxicated to operate a commercial vehicle is 0.04%.
These legal limits mean that while you’re working, you can have a BAC level of half the threshold that would apply when you’re off the clock and still be criminally charged with a commercial DUI violation. It may seem unfair, especially as this threshold represents a relatively low level of intoxication, but the law poses a greater burden on commercial drivers. That’s why it’s particularly important that you entrust your case to an experienced Luzerne County CDL DUI lawyer.
Penalties for CDL DUI Violations
Pennsylvania punishes drunk driving offenses harshly—particularly for commercial drivers. Under Section 3803 of Pennsylvania Consolidated Statutes, Title 75, a first offense of driving under the influence constitutes a misdemeanor violation punishable by up to six months in jail and up to $300 in fines for the general public. However, Section 3804 establishes more severe penalties for even first-time offenders whose charges arose out of driving in a commercial capacity. This statute establishes mandatory minimum prison sentences for commercial drivers convicted of DUI violations, as well as enhanced fines.
For a conviction of a first DUI offense behind the wheel of a commercial vehicle, you will be sentenced to a minimum of 48 consecutive hours in prison. You will be fined a minimum of $500 and potentially up to $5,000. You can also be required by the court to attend an approved alcohol highway safety program and meet any court-ordered drug and alcohol treatment requirements imposed.
A second DUI as a commercial vehicle driver could send you to prison for a minimum of 30 days. You will be fined at least $750 and potentially up to $5,000. Again, you may be required to attend an alcohol highway safety school and undergo court-ordered drug and alcohol treatment.
A third offense as a commercial driver will result in a prison sentence of at least 90 days, a fine of $1,500 to $10,000, and court-mandated drug and alcohol treatments. Fourth and subsequent DUIs for commercial drivers result in a minimum of one year of jail time, fines of $1,500 to $10,000, and mandatory drug and alcohol treatment.
In addition to these penalties, you could be sentenced to probation, community service, and attendance in a victim impact panel program.
Although first and second DUI violations are ungraded misdemeanor offenses, a third offense allegedly committed as a commercial vehicle driver rises to the level of a first-degree misdemeanor violation, as does a DUI charge arising out of an accident that causes injury. In instances that involve repeated offenses, a minor occupant in the vehicle, or homicide by vehicle while under the influence, you could be facing felony charges.
CDL Suspension and Lifetime Loss
For commercial drivers, one of the most damaging consequences of a DUI charge is the loss of your driving privileges. In general, DUI convictions result in a loss of driving privileges for 12 months for an ungraded misdemeanor or second-degree misdemeanor charge. If the offense rises to the level of a first-degree misdemeanor or a second-degree or third-degree felony, you lose your license for up to 18 months. However, the standards for obtaining and maintaining a CDL are higher than those for the general public.
Whether you are driving a commercial motor vehicle or a personal motor vehicle, being charged with a DUI can result in a one-year suspension of your CDL (or, if you drive a hazmat vehicle, a three-year suspension). A second offense can result in a lifetime loss of license, forcing an unwanted career change.
You need to minimize the impact of this DUI charge on your future, because the harshest penalties permitted under PA law could result in losing your freedom and your career. Retaining an experienced CDL DWI defense attorney in Kingston, PA, can help you consider all of your options and the full range of consequences so you can put forth the strongest possible defense and make an informed decision about your case.
How Muckler Law, LLC Can Help Commercial Drivers Preserve Their Future
The team at Muckler Law, LLC uses a proven approach to fighting DUI and DWI charges in Pennsylvania. You can count on our firm to:
- Analyze the full facts of your situation
- Assess whether any improper procedures or inaccurate testing methods may have been used to determine your BAC
- Identify any violations of your rights
- Challenge any potential inaccuracies, improper procedures, or unlawfully obtained evidence
- Expose the weaknesses in the prosecution’s case against you
- Advocate for the dismissal of charges if appropriate or the suppression of unlawfully obtained evidence
- Negotiate for reduced charges and lesser penalties, if appropriate
- Present the strongest possible arguments in your defense in court, establishing all ways in which the prosecution falls short of establishing guilt beyond a reasonable doubt
- Presenting mitigating factors and advocating for lighter penalties in the event of a conviction
Our goal is always to provide a strategic legal defense that minimizes the impact of criminal charges on our clients’ lives. We determine the most promising path forward based on the specific circumstances of your case and develop a legal strategy customized to your unique situation.
The Advantages of Retaining a Knowledgeable CDL DWI Defense Attorney in Kingston, PA
For commercial drivers, prioritizing the protection of your CDL is a crucial component of your defense strategy. This is particularly true in Pennsylvania, where even a DUI charge acquired off the clock while operating your personal vehicle can result in a year-long suspension of your CDL.
You need an attorney who considers the full facts of your situation, including how this legal matter could affect your CDL. While it may be preferable for the general public to consider options like Accelerated Rehabilitative Disposition (ARD), these programs may not be the right choice for CLD holders because they can still result in the suspension of your commercial driver’s license. Our firm recognizes that CDL holders face unique challenges and consequences, and we know the importance of tailoring your legal strategy to reflect these issues.
Exploring All Potential Defenses Against CDL DUI Charges
Fortunately, there are a number of potential defenses that a knowledgeable DUI attorney could pursue, depending on the facts of your situation. We can question the legality of the traffic stop that led to these charges in the first place. Our firm can challenge the accuracy of the test results, raising any potential concerns about the calibration of breathalyzer tests, whether officers were properly trained to administer breath or field sobriety tests, and whether evidence was handled appropriately.
As your attorney, our focus will be on minimizing the effects of a DUI charge on your future, including your career. We consider all potential defenses available to our clients.
Why Choose Muckler Law, LLC as Your Luzerne County CDL DUI Lawyer?
Choosing Muckler Law, LLC to represent you means putting your legal defense in the hands of a Luzerne County CDL DUI lawyer who is dedicated to getting favorable results for the accused, providing client-centered service, and developing customized legal strategies.
A Record of Successful Results
Muckler Law has helped thousands of clients defend against charges of DUI and serious criminal offenses. We have a history of securing the most favorable results possible for our clients, often managing to get charges dropped or reduced, secure not-guilty trial verdicts, or advocate effectively for lighter penalties. Through our efforts, we minimize the consequences of criminal DUI charges on our clients’ lives.
A Client-Centered Approach
Our firm puts you first, working to make getting skilled legal representation accessible and reduce the stress of facing DUI charges. We travel to meet our clients in jail or at home when needed. We are committed to providing open, responsive communication so you always have the peace of mind of knowing what’s going on with your case.
A Personalized Strategy to Protect Your CDL
Crafting customized defense strategies allows us to consider the specific circumstances involved in your case, including how to best protect your CDL and driving record. We consider the full facts of your situation and your priorities, such as preserving your career to the fullest extent possible, and we build our strategy around these factors to ensure your legal representation reflects what matters most to you.
Contact a Luzerne County CDL DUI Lawyer at Muckler Law, LLC Today for a Free Case Review
As you’re considering your options for facing DUI charges as a commercial driver, having the knowledge to make informed decisions is crucial. Recognizing the need to understand your legal rights and options when charged with a CDL DUI, our firm provides free, confidential consultations. We will review the facts of your situation and help you understand the options available to you and the likely consequences of each choice.
For help from a CDL DWI defense attorney in Kingston, PA, contact Muckler Law, LLC online or call 570-908-4069 today.
