CDL DWI Attorney in Kansas City

Helping Clients With a Commercial Driver’s License Fight DWI Charges That Could Threaten Their Careers

A driver’s license is an important part of everyday life for most Missourians, but for commercial drivers, it’s their livelihood. A DWI arrest can cause your license to be suspended, making it impossible to work, and result in other penalties. If you’ve been arrested for a DWI while driving a commercial vehicle, you need an attorney who can help you navigate this process and protect your ability to work.

Your first call after you’ve been arrested for a DWI should be to an experienced defense attorney. The team at Benjamin Law Firm, LLC has helped clients in and around the Kansas City, MO, area fight DWI charges and avoid the serious penalties they come with. Call our office today to find out what your next steps should be and how we can help.

What Counts as a DWI for Commercial Drivers?

While the legal limit for blood alcohol concentration (BAC) for noncommercial drivers in Missouri is 0.08 percent, commercial drivers are held to a higher standard. If you’re driving a commercial vehicle, you can be arrested and charged with a DWI if your BAC is 0.04 percent or higher. A commercial vehicle is one that has a gross vehicle weight rating of at least 26,001 pounds. Those with a gross vehicle weight rating of more than 10,001 pounds can also qualify if they are used to transport hazardous materials for interstate commerce. A vehicle that is used to transport at least nine passengers for interstate commerce is also considered a commercial vehicle.

Commercial drivers can also get a DWI charge if they are operating a vehicle under the influence of a controlled substance other than alcohol. This can include prescription drugs, even if you have a valid prescription, if the substance impairs your ability to safely operate the vehicle.

Can Commercial Motor Vehicle Drivers Refuse a Sobriety Test?

When an officer stops you and believes that you may be operating a vehicle under the influence of alcohol or a controlled substance, they will generally ask you to submit to a field sobriety test or a chemical test like a breath test. Many people believe that if they refuse to take these tests, the officer cannot arrest them because there isn’t any evidence of driving with a BAC that’s over the limit. However, this isn’t the case. You can be arrested for a DWI without a sobriety test or chemical test if the officer believes you are showing signs of impairment, such as an inability to maintain your lane, slurred speech, or the smell of alcohol on your breath.

Missouri also has what is known as implied consent. This means that by operating a vehicle with a valid commercial driver license, you are consenting to a chemical test if there is reasonable suspicion that you are intoxicated or if there was a serious accident. In general, you can only be legally forced to take a chemical test if there is an accident that resulted in a serious injury or fatality, but there are other consequences for refusing one. In most cases, your driver’s license will be suspended for one year if you refuse a chemical test.

It can often be more beneficial for your case to take the chemical test and then work with an attorney to see if it’s possible to refute the results. There are legal substances that can result in a false high reading on these tests, and there can be errors with the equipment or the administration of the test itself. An experienced CDL DWI attorney can use these strategies to contest the evidence and potentially get your charges dropped or reduced, avoiding the license suspension you would get if you refused the test entirely.

What Are the Penalties for a CDL DWI?

The legal penalties for a DWI as a CDL driver include having your CDL disqualified, having your regular driving privileges revoked through a license suspension, potential jail time, fines, and points on your license. The severity of these penalties depends on whether it’s your first offense or you have prior convictions.

A first-offense DWI is a Class B misdemeanor. It can result in a jail sentence of up to six months and a fine of up to $500. Your driver’s license is also subject to a 30-day suspension, and your CDL will be suspended for one year if you are convicted of a DWI. It’s important to understand that your CDL license can be suspended even if you get a DWI while driving your personal vehicle. This means that even a DWI that happens while you’re off the clock can have long-term repercussions for your career and ability to work.

These penalties are increased if it’s a subsequent offense. Drivers of commercial vehicles who already have a previous DWI conviction can be charged with a Class A misdemeanor and face up to one year in jail. Your personal driving privileges can be revoked for 60-90 days, and you can face a lifelong ban on your CDL license.

There are circumstances that can escalate these penalties as well. For example, if you were driving a commercial vehicle with hazardous materials at the time of your arrest, your CDL could be suspended for three years, even if it’s a first offense. Being involved in an accident that causes injury or death can also increase the severity of these penalties.

How Do I Fight the Charges?

It’s important to understand that you have options if you’ve been charged with a DWI. Many people make the mistake of thinking that there’s nothing they can do and that there is no way to fight the charges, but you absolutely can and should fight back. A DWI defense attorney, like those at Benjamin Law Firm, LLC, can explain each of these options in more detail and help you understand the pros and cons of each strategy.

Challenging the Legitimacy of the Traffic Stop

In Missouri and the United States as a whole, drivers have certain protections against illegal traffic stops. With the exception of a DWI checkpoint, a law enforcement officer must have probable cause to perform a traffic stop. This means that a crime or driving infraction must have already been committed, or they must have the sincere belief that a crime is about to be committed.

Minor traffic violations are the most common reason that an officer stops a vehicle. For example, if you are speeding, fail to signal a lane change, or don’t stop fully at a stop sign, an officer has a reason to pull you over. Once the traffic stop has been initialized, the officer will then try to determine if there is any evidence of the driver being impaired. They may ask you simple questions like where you’ve been, where you’re headed to, or what the contents of your load are. As you answer these questions, the officer is determining whether there is a smell of alcohol or if you’re having difficulty communicating clearly. Issues in either of these areas can result in them asking you to submit to a breath test to determine if you’re driving under the influence.

However, if the officer didn’t have probable cause for the stop, any evidence obtained afterward is inadmissible in court. This can include breath test results that show a higher-than-allowed BAC or a failed sobriety test. If your attorney has reason to believe that the officer didn’t have probable cause to stop you, they are likely to use this in your criminal defense strategy.

Challenging the Accuracy of the Testing

If an officer determines that you were driving while intoxicated due to the results of a chemical test or a field sobriety test, your attorney may challenge the accuracy of these results. Field sobriety tests, which involve performing a series of cognitive and balance exercises, are notoriously unreliable. First, they must be conducted by someone who has training in how to administer the tests and interpret the results. Asking the officer to repeat the test instructions can result in failing the test, but many people find it difficult to remember complex instructions when they are having a stressful interaction with law enforcement. There are also other legitimate reasons to struggle with a field sobriety test, such as having a physical disability.

Chemical tests, such as breath tests, also require strict administration procedures, and the devices must be calibrated and tested regularly to ensure they are working as they should. If there is an issue with the device, it can lead to inaccurate results that show that you had a BAC over the legal limit when you really didn’t. If your attorney can show that there is a reasonable doubt that the device was working properly, it may result in your charges being dropped due to lack of evidence.

Arguing That There Was a Legitimate Reason for the Signs of Intoxication

Officers rely on their senses and observations to determine whether someone is potentially driving under the influence of alcohol or another substance. If they see you driving erratically, can smell alcohol coming from your person or the vehicle, or hear you slurring your words, this can indicate that you’re drunk driving. However, these are subjective observations, and there could be other legitimate reasons for showing signs of intoxication. If you were at the end of a long shift and were tired, it could lead to slower reaction times. Some prescription and over-the-counter medications can also mimic the drowsy appearance that happens when someone is driving under the influence.

Negotiating a Plea Deal

If the evidence against you is strong, your attorney may recommend trying to negotiate a plea deal as a way to keep your CDL license from being suspended. For example, if you are able to plead the charges down to reckless driving or a less serious moving violation, it can mean that you are still legally able to work. However, this doesn’t keep you from facing potential penalties from your employer and can still result in points on your license and other repercussions.

How Can I Get My CDL License Back?

After your license has been suspended, it’s normal to be counting down the days until you’re able to get back on the road again. However, there are some steps you’ll need to take to be able to get your license reinstated. You must pay all of the court costs, fees, and fines associated with your charge as stated in Missouri DWI law. This includes the reinstatement fee that you must pay when you apply to get your license back.

You must also participate in and successfully complete a Substance Awareness Traffic Offender Program. It’s required that those with a DWI conviction get liability insurance and provide proof of such insurance before their driving privileges can be reinstated. In serious cases, you may have to retake the commercial driving test to be able to get your license back.

Keep in mind that it is possible for your commercial driver’s license to be revoked entirely and not be eligible for reinstatement. However, in those cases, you may still be able to apply for limited driving privileges to be able to get a traditional driver’s license for personal purposes.

If you’re a CDL driver and you’ve been arrested for DWI, call Benjamin Law Firm, LLC at 816-846-2219. Our office is located in Benton, MO, and we represent clients throughout the greater Kansas City area.