Commercial drivers are held to higher standards than other motorists on the road. In the event of a DUI, they face severe penalties that may devastate their careers and impact their ability to earn a living. With so much on the line, it is critical for CDL and chauffeur drivers to understand how Michigan OWI laws differ and to seek the help of an experienced CDL DUI lawyer who can protect their rights, fight to minimize penalties on a conviction, and ensure they continue to drive and earn a living.
The State of Michigan has strict implied consent laws, which can have a profound effect on a DUI arrest and the legal process. These laws, which are outlined in the State Vehicle Code, specify the rights and obligations of all drivers during DUI stops, and they interact with other traffic laws to create a complex system that is designed to maintain safe roads.
During a DUI stop, an officer can ask a driver to submit to a chemical evidentiary test, and refusal will result in license suspension. Refusing a post-arrest test has more severe consequences than refusing the preliminary breath test (PBT). A CDL DUI lawyer can provide crucial assistance in understanding these differences and navigating the legal ramifications. A driver also has a right to contest the refusal suspension by requesting a hearing within 14 days of their arrest. A hearing will allow the driver to present evidence that their refusal was unjustified, which could result in the lifting of their license suspension.
If a commercial driver is convicted of OWI, the penalties are more severe than for non-commercial drivers. In addition to jail time, fines, community service, and vehicle mobilization, commercial drivers will have a one-year license suspension and are required to install an ignition interlock device in their vehicles. A second conviction will increase the penalty to three years, and a third offense results in permanent CDL revocation. Consulting with a CDL DUI lawyer is essential for commercial drivers to understand the full impact of these penalties and to explore all possible defenses.
A knowledgeable Oakland County CDL DUI lawyer can evaluate the circumstances of a client’s arrest and identify any potential avenues for a successful defense. They can help them challenge the police’s probable cause to pull over the driver, and they can represent them during administrative hearings regarding license suspension, which are separate from criminal court proceedings.
Probable Cause to Pull Over
When a police officer observes an individual driving intoxicated on public roadways, they must have reasonable suspicion that the driver has committed or is about to commit a crime or traffic offense. This suspicion can be established by a variety of evidence, including smelling alcohol on the breath, bloodshot eyes, failed sobriety tests, and more. Often, this evidence is enough to justify the initial stop, but it can be challenged during an implied consent hearing.
If you have been arrested for OWI while holding a commercial driver’s license, it is important to act quickly. A CDL DUI lawyer can critically evaluate the facts of your case, determine any possible defenses, and work tirelessly to achieve a positive resolution or get the charges dismissed completely. Contact us today to schedule a consultation.
CDL holders are held to higher standards than other drivers on the road, and an OWI conviction can have a severe impact on your ability to earn a living. If you have a CDL and are facing an OWI charge in Michigan, an experienced CDL DUI lawyer will critically evaluate your case, challenge the evidence against you, and fight to minimize the penalties of a conviction or have it dismissed altogether.
Commercial drivers are held to more stringent standards than other motorists. In the case of a DUI, they face harsh penalties that can severely affect their careers and their livelihood. Given the high stakes, it is crucial for CDL and chauffeur drivers to understand the nuances of Michigan OWI laws and to seek assistance from an experienced CDL DUI lawyer who can safeguard their rights, strive to lessen penalties upon conviction, and help them maintain their ability to drive and earn an income.
Michigan's strict implied consent laws significantly impact DUI arrests and the legal proceedings that follow. These laws, specified in the State Vehicle Code, outline the rights and duties of drivers during DUI stops and interact with other traffic regulations to create a system aimed at ensuring road safety.
During a DUI stop, an officer can request a driver to take a chemical evidentiary test, and refusing this test results in license suspension. Refusal to submit to a post-arrest test carries more severe consequences than refusing the preliminary breath test (PBT). Drivers have the right to challenge the refusal suspension by requesting a hearing within 14 days of the arrest. During this hearing, the driver can present evidence to justify their refusal, potentially leading to the suspension being lifted.
For commercial drivers, a conviction of OWI carries harsher penalties compared to non-commercial drivers. Besides jail time, fines, community service, and vehicle immobilization, commercial drivers face a one-year license suspension and must install an ignition interlock device in their vehicles. A second conviction increases the suspension to three years, while a third offense leads to permanent CDL revocation.
An experienced CDL DUI lawyer can assess the details of an arrest and explore possible defenses. A CDL DUI lawyer can help clients contest the police's probable cause for the traffic stop and represent them in administrative hearings concerning license suspension, which are distinct from criminal court cases.
When a police officer suspects a driver is intoxicated on public roads, they must have reasonable suspicion that the driver has committed or is about to commit a crime or traffic violation. This suspicion can be based on various forms of evidence, such as the smell of alcohol on the breath, bloodshot eyes, or failed sobriety tests. While this evidence might justify the initial stop, it can be challenged during an implied consent hearing. A skilled CDL DUI lawyer can be instrumental in this process, ensuring that the driver's rights are protected and the evidence is properly scrutinized.
A conviction for operating while intoxicated (OWI) can have serious consequences for commercial drivers. Not only are fines and potential jail time in play, but losing a CDL can significantly impact a driver’s ability to earn a living. As a result, it’s critical for anyone charged with a DUI to have an experienced CDL DUI lawyer on their side.
A DUI is an extremely complex legal issue, involving a series of charges, statutes, and legal proceedings. The legal landscape surrounding DUI laws can be difficult to navigate, particularly when it comes to a commercial driver DUI case in Michigan. However, a comprehensive understanding of implied consent laws and how they interact with other traffic regulations can help drivers avoid or mitigate the penalties associated with a drunk driving charge.
When a driver receives a Commercial Driver’s License (CDL), they have implicitly given consent to undergo a chemical test or field sobriety tests if arrested for impaired driving. A test determines a person’s blood alcohol content (BAC), presence of controlled substances, and more. While a person can refuse to submit to the test, doing so can lead to significant consequences including a one-year driver’s license suspension and forfeiture of a right to appeal the refusal.
In addition, a driver may be required to pay a Driver Responsibility Fee for two years if he or she is found guilty of refusing the post-arrest breath, urine, or blood test. Fortunately, there are specific grounds on which an implied consent violation can be challenged and a defined hearing process for these challenges. An experienced CDL DUI lawyer can help a driver understand their options for challenging an implied consent violation, prepare to defend against it at a hearing, and fight to have the violation withdrawn or the suspension lifted.
A CDL DUI lawyer Can Assess the Violation and Help Drivers Fight for Their Rights
An experienced CDL DUI lawyer can provide vital assistance in defending against a Michigan OWI charge, especially for a CDL holder. By evaluating the circumstances of the arrest and contesting evidence, a CDL DUI lawyer can help reduce the impact of an OWI on a driver’s career and livelihood. For example, an experienced CDL DUI lawyer can argue that the officer did not have reasonable grounds to believe a person was operating under the influence or that they did not actually refuse the chemical test. These arguments can lead to the withdrawal of an implied consent violation and reinstatement of driving privileges.
Paul J Tafelski, Michigan Defense Law | Criminal Attorney and DUI Lawyer
2525 S Telegraph Rd suite 100, Bloomfield Hills, MI 48302, United States
(248) 451-2200