Some long-term impacts of a DUI conviction for a Virginia Beach CDL holder is that a person’s CDL will be disqualified for at least a year for a DUI first offense and sometimes even longer. This can cause a driver to not be able to make a living because it’s pretty hard for anybody to just stop working for a year and wait for their license to come back around.
A CDL holder might even need to find another job. If a CDL holder continues to get in trouble with the law for driving under the influence, they will definitely have to find another job because for a second and subsequent DUI offense, the disqualification is permanent and they will never be able to drive a commercial vehicle again.
Prosecutors in Virginia Beach often use expert witnesses to testify about the result of the blood test for the drug DUI cases. The expert can testify as to how the blood was drawn and obtained and what the results actually mean.
They can explain what quantities of substances were found in the blood and what quantity should be found in the blood and what is normal and what isn’t and what type of impairment that could generally cause.
Generally, the prosecution can get the help of whoever drew the blood to testify. This person can testify regarding how the blood sample was handled and how long after the incident the sample was taken.
Sometimes the prosecution can also get the Department of Forensic Science to send somebody to testify regarding the actual testing of the blood as well as how the results should be interpreted and what the results actually mean.
It’s important to have an experienced and knowledgeable attorney in Virginia Beach who has handled CDL DUI cases before. They will know good experts, which is very important because a good expert can make a difference in the outcome of the case. It is not enough to just have somebody who knows information surrounding the issue and the drugs.
People also need somebody who presents well in court so that their testimony is easily understood. It is also important to have someone who can answer questions well because they will be cross examined by the other side.
For a person who relies on their ability to drive to make a living, having their CDL restriction can bring disastrous consequences. In such instances, it is incredibly prudent to hire an attorney who has experience defending individuals facing similar charges. They will know what the court is expecting from prosecution and will also understand how important it is to their client to avoid any damage to their license.
A Virginia Beach CDL DUI lawyer can question the qualifications and experience of the experts who are testifying and how many cases they have handled similar to the one at issue. They can also question how the sample was handled and whether there was more than one person involved aside from the expert present in court.
If there was, they can question why the other people who are involved aren’t present in court to testify. Your commercial driver’s license DUI attorney can also question the result itself and how conclusive the finding should actually be found.
For Virginia Beach, in a DUI case that involves drugs, the defense can call the doctor who issued the prescription for the drugs or any doctor who happens to be familiar with the drugs in question.
The doctor can testify about how that particular drug may have affected the defendant and whether the amount used was as prescribed or whether they had a different reaction than what would be normal or expected.
Usually expert witnesses are given a little more weight than a regular witness just by the fact that they are an expert. But whoever is using the expert has to present the qualifications that make that person an expert rather than a regular lay witness. If they are not considered an expert then they are a lot more limited in what they are allowed to testify to.
For example, a layperson can only testify as to the facts while an expert can testify as to their own personal opinion. Once it has been established that somebody is an expert then they have to explain what the testimony of the expert is going to be such as whether they are who administered the blood test or somebody else.
From there, the expert can go on about whatever the evidence is. How much weight an expert witnesses testimony is given is going to depend on their qualifications and on their testimony.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.