Virginia Beach CDL DUI Lawyer
Individuals holding a commercial driver’s license should know that in Virginia Beach, there is a very hard possibility that the judge is going to hold them to a higher standard than they would a layperson just due to the fact that they have a commercial license.
Because of this, it’s also very possible that the consequences for a commercial driver’s license holder are going to be more severe than had it been just a regular DUI. The consequences of a DUI are harsh, especially for someone with a commercial driver’s license, which is why it is very important to speak with an experienced Virginia Beach DUI attorney who has handled these cases before.
If CDL Holder is Charged But Not Convicted
The repercussions for someone who has a commercial driver’s license and is charged with a DUI depend on each individual employer. If they are not convicted then in theory there should not be any effect on their ability to work, but that is not necessarily up to the legal system. That is going to be up to whoever is employing you.
Virginia is a Right to Work state and employers ultimately decide how they want to deal with someone who has been charged with a driving under the influence. If the case is completely dismissed then getting a commercial driver’s license back should not be an issue whatsoever.
If the charge was reduced to something else then it is possible that the license could still be affected depending on what the lower charge is and what the consequences the employer imposes for that are, or if the license becomes suspended because of the reduced charge that in fact could also have an effect.
Consequences of a CDL DUI Charge
A commercial driver’s license holder in Virginia Beach will have their license suspended once they’re charged until the case is resolved. At that point, whether the license will remain suspended depends on what happens with the case, whether it is dismissed or it results in a conviction. A conviction will likely have even more disastrous impact on someone’s ability to earn a living. To mitigate further potential damage, hire a CDL DUI lawyer in Virginia Beach who is familiar with the laws.
Consequences of a Conviction
If a commercial driver’s license holder in Virginia Beach is convicted of a DUI then their license will be disqualified for a first offense for at least a year. This is just what happens legally. If you employer chooses, they can impose more consequences and they could make it so that someone holding a commercial driver’s license isn’t allowed to return at all or they can impose a longer time period in which the driver is not allowed to operate a commercial vehicle.
Standard of Responsibility for CDL Holders
Commercial driver’s license holders are held to a higher standard in Virginia Beach court because having a commercial driver’s license requires a higher standard of driving. Commercial drivers are typically responsible for a very large vehicle that could be moving a whole bunch of disastrous items if they were to be spilled or if there was a collision.
Safety is a huge concern and with DUI in general, because of the elevated consequences that could occur if such a commercial driver was to be under the influence, the court is definitely going to hold them at a much higher standard.
Contact a Virginia Beach CDL DUI Attorney
There is no restricted license available at all for a commercial driver’s license. They are not allowed to operate a commercial vehicle at all.
The main goal of an Virginia Beach DUI attorney for a commercial driver’s license holder is going to be to get the charge reduced or dismissed so that the license suspension is not on the table anymore. If this is not a possibility then an attorney could attempt to negotiate with the employer of the commercial driver’s license holder.
The prosecution will aggressively pursue conviction and will more than likely call in expert witnesses to testify, particular in cases where a CDL holder was driving while impaired by drugs. An experienced attorney will know how to approach defending a client against the prosecution’s use of expert witness testimony.