Truck drivers are held to a higher standard than motorists when it comes to drinking and driving. They also have more at stake because they could lose their license. A truck driver losing their license puts their job at risk. If they lose their job, they lose their livelihood, so you will need an expert attorney serving Austin, Texas Courts and Matters.
It only makes sense that truck drivers in Texas are held to a higher standard because they have to drive trucks that carry very heavy loads. They have to drive these trucks over long distances. Before they acquire their (CDL), they have to pass random drug and alcohol testing. The Federal Motor Carrier Safety Administration (FMCSA) says that a commercial driver can be randomly tested at any time.
When the commercial driver is charged with DUI, their CDL is automatically suspended even if they were driving their personal car. The state of Texas also says that the truck driver’s license can be suspended. When this happens, the truck driver can turn to a criminal lawyer in Austin for the representation they need to receive the best result in the case.
Commercial DUI Laws in Texas
There are three commercial driving laws in Texas. The first says that individuals can’t drive a commercial vehicle if they have a BAC of .04 or above. The second pertains to commercial drivers that refuse to take blood, breath, or urine tests after being suspected of drunk driving. The driver can be charged with DUI for refusal.
The third law pertains to a commercial driver driving recklessly, causing harm to another while having a blood alcohol concentration of .04 and above. In order for a commercial driver to be convicted, the prosecutor must prove that the defendant had a commercial driver’s license and that they committed one of the offenses that are outlined by the three laws. The DUI lawyer in Austin can produce reasonable doubt if any of the points presented by the prosecution is weak.
Fighting the Charges
The prosecutor will usually turn to the blood, breath, or urine test results and the arresting officer’s testimony to make their case. They may also have witnesses testify to strengthen their case so they can secure the conviction. If convicted, the commercial driver faces the possibility of one year in jail, attendance at a DUI alcohol education program, and up to $1,000 in fines.
The best chance at avoiding conviction is to seek out the representation of a criminal attorney who specializes in DUI so that you can have a solid defense and the advocacy you need for your future. A conviction can mean job loss, which means loss of your ability to pay your living expenses. It also means the possibility of not being able to get hired again in the same field. A lot is at stake, but there are strategies that can be used by an attorney to minimize the charge as much as possible and obtain a fair result that can have a more positive impact than what would be had otherwise.