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.
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 CDL 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. The attorneys at the Law Office of James R. Snell, Jr., LLC can help guide you through the entire process.
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.
We offer free consultations, schedule your consultation today by contact our office at (803) 359-3301. All calls are confidential and your consultation will be held at our office located in downtown Lexington at 123 Harmon Street.
