When you are driving a commercial vehicle, you are held to higher standards than regular drivers. This is especially true when it comes to alcohol or drug use. Commercial drivers are expected to stay sober while operating their vehicles because of the large, heavy loads they carry and the potential risks to other drivers on the road. If you are pulled over for suspicion of a Commercial DUI, it is important to stay calm and know what steps to take. Understanding how to handle the situation can help you protect your rights and your future. Below are the steps you should take if you find yourself in this situation. At, Best & Brock, we are here to guide you through the legal process and help you navigate the complexities of your case.
Stay Calm and Composed
The first step when you are pulled over for suspicion of a Commercial DUI is to remain calm and composed. Being nervous or panicking can make the situation worse. Law enforcement officers are trained to look for signs of anxiety or nervousness, which can sometimes be mistaken for signs of guilt. When the officer approaches your vehicle, stay in your seat with your hands on the steering wheel. Be polite and cooperative but avoid making any sudden movements or acting defensive. It is important to treat the officer with respect while not admitting to anything or volunteering extra information.
Follow Instructions Carefully
When you are pulled over, the officer will likely ask you for your driver’s license, registration, and proof of insurance. In the case of a commercial driver, you will also need to provide your commercial driver’s license (CDL). Be sure to follow the officer’s instructions carefully. If you need to reach for your documents, let the officer know what you are doing before you move. For example, you can say, “I am reaching for my license now.” This helps to avoid any misunderstandings that could make the officer feel uncomfortable or suspicious. Following instructions is key, but you are not required to answer any questions that might incriminate you.
Do Not Admit to Drinking or Using Drugs
If the officer suspects that you have been drinking or using drugs, they may ask you questions about whether you have consumed alcohol or used any drugs. It is important to remember that you have the right to remain silent and do not have to answer these questions. You should avoid admitting to drinking or using drugs, as this can be used against you later. You have the right to decline to answer these questions without it being used as an admission of guilt. Simply and politely tell the officer, “I would like to speak with my lawyer before answering any questions.”
Understand the Field Sobriety Tests
In many cases, if the officer suspects that you are under the influence, they will ask you to step out of the vehicle and perform a series of field sobriety tests. These tests are designed to check your coordination, balance, and ability to follow instructions. While these tests are often voluntary, many people are not aware that they can decline them. Field sobriety tests can be tricky, and even sober drivers sometimes have difficulty passing them due to nerves, medical conditions, or other factors. It is within your rights to politely decline these tests, although refusing them may result in further investigation.
Know Your Rights Regarding Chemical Testing
If the officer has reason to believe that you are under the influence, they may ask you to take a breathalyzer test or another type of chemical test, such as a blood or urine test. Commercial drivers are subject to stricter regulations when it comes to chemical testing. Refusing to take a chemical test can result in serious penalties, including the suspension of your commercial driver’s license. While you do have the right to refuse a chemical test, doing so may have immediate consequences for your CDL. It is important to know that the results of a breathalyzer or other chemical test can also be challenged later if there are issues with how the test was conducted.
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Document Everything That Happens
If you are pulled over for suspicion of a Commercial DUI, it is important to document everything that happens. Try to make a mental note of where you were pulled over, the time of day, and any interactions you had with the officer. If possible, write down or record these details as soon as it is safe to do so. This information can be helpful later if you need to defend yourself against the charges. Additionally, if there are any witnesses to the stop, make sure to get their contact information. Having a clear record of what happened can help your attorney build a strong defense.
Comply with Arrest Procedures if Necessary
If the officer decides to arrest you for suspicion of a Commercial DUI, it is important to comply with the arrest procedures. Resisting arrest or becoming argumentative will only make the situation worse and could lead to additional charges. While being arrested can be a stressful and frightening experience, it is important to stay calm and follow the officer’s instructions. You will have the opportunity to defend yourself later with the help of a lawyer. Remember, anything you say or do during the arrest process can be used against you in court, so it is best to remain silent until you have spoken with an attorney.
Understand the Consequences of a Commercial DUI
Commercial DUI charges carry serious consequences that can affect both your personal and professional life. A conviction can lead to the suspension or revocation of your commercial driver’s license, which can impact your ability to work and support your family. Additionally, you may face fines, jail time, and a permanent criminal record. It is important to understand that the legal blood alcohol concentration (BAC) limit for commercial drivers is lower than for regular drivers. For commercial drivers, a BAC of 0.04% or higher is considered over the limit. Even a small amount of alcohol can put you at risk of a Commercial DUI charge.
Consult with a Lawyer Immediately
If you are pulled over for suspicion of a Commercial DUI, one of the most important steps you can take is to consult with a lawyer as soon as possible. An experienced attorney can help you understand your rights, navigate the legal process, and develop a defense strategy that is tailored to your specific situation. Your lawyer can also investigate whether the officer had probable cause to stop you, whether the field sobriety tests or chemical tests were administered properly, and whether your rights were violated during the process. The sooner you consult with an attorney, the better your chances of achieving a positive outcome.
Being pulled over for suspicion of a Commercial DUI is a serious matter that can have lasting consequences. If you find yourself in this situation, it is crucial to take the right steps to protect yourself and your future. At Best & Brock, we understand the challenges commercial drivers face and are here to provide the legal guidance and support you need. Our team is dedicated to helping you fight the charges and protect your career. Contact Best & Brock today to schedule a consultation and learn more about how we can assist you during this difficult time.