Are DUI Laws for Truckers Different in Nevada?

Under Nevada Revised Statutes 484C. 120, a commercial DUI happens when a commercial driver operates a commercial motor vehicle with a blood alcohol content (BAC) of between 0.04% and 0.08%. DUI standards are stricter for commercial drivers than non-commercial drivers, given the high risk the type of vehicles they drive carries.

A Nevada criminal defense attorney adds that the law stipulates that commercial motor vehicles include shuttles for commerce or transporting people, buses, and trucks. They can be identified by meeting specific criteria, such as a gross combination weight of 26,000 lbs. or more, carrying more than 16 passengers, or transporting hazardous materials.

If you’re facing commercial DUI charges, defending yourself can be complicated because courts consider many factors before issuing a verdict. The consequences can threaten your livelihood, but having an aggressive Las Vegas CDL DUI lawyer to help you beat the charges can enhance the likelihood of a favorable outcome.

What Are the Legal Implications of Commercial DUIs?

If convicted of a commercial DUI in Nevada, you will be subjected to stiffer penalties and will lose your CDL for one year. The court will require you to complete an alcohol education course within 30 days after being sentenced for a first-time DUI offense. The NHTSA must approve the course to ensure it meets the federal standards for DUI classes for offenders.

Once you successfully complete the program, you may apply for your commercial driver’s license again. However, if you are caught driving without a license or permission from the Department of Motor Vehicles, you risk having the license revoked again.

A Las Vegas CDL DUI attorney highlights the following additional penalties you could face if convicted of a commercial DUI:

  • Fines of up to $1,000
  • Up to 6 months imprisonment
  • Loss of a second year of driving privileges if caught driving while your CDL is suspended
  • Possible termination of your employment contract with immediate effect and difficulty finding future employment

What Are the Possible Defenses Against Commercial DUI Charges?

Navigating commercial DUI charges can be overwhelming and scary, and the situation can get worse if you don’t know how to defend yourself. A CDL DUI attorney in Las Vegas can help you evaluate various defense strategies to determine the most suitable one for your case, tailoring it to the case specifics, such as the arrest and evidence.

Challenging the Traffic Stop Legality

Your Las Vegas CDL DUI lawyers can investigate the case to determine if the law enforcers had probable cause or reasonable suspicion to stop you for driving under the influence. If they find the traffic stop illegal, they can request the court to make any evidence collected during the stop inadmissible.

Effectively challenging the basis of a traffic stop can dramatically weaken the case. The probable outcome is the dismissal of the charges or a reduction of the penalties. That points to the importance of hiring an experienced lawyer who can beat the system.

Questioning the Accuracy of the Field Sobriety Tests

Field sobriety tests are not always accurate and could lead to false accusations of driving under the influence. Physical disabilities, nervousness, an underlying health or medical condition, or inappropriate footwear could affect your performance. Your defense team could highlight these factors and argue that the results were unreliable and should not be used as evidence of impairment.

Challenging BAC Results

Breath alcohol content tests are critical in DUI cases but not infallible, and your lawyers can question the accuracy of the testing device. They may also challenge the qualifications and skills of the person who administered the test or the timeline between the traffic stop and the test. Your legal team can also evaluate poor calibration or maintenance of the breathalyzer records for inconsistencies.

Violation of Your Miranda Rights

If the law enforcement officers who arrested you didn’t read your Miranda rights, you could argue that the arrest procedures were flawed. Violating your Miranda rights is a strong defense strategy that can jeopardize the prosecution’s case.

Your lawyers will evaluate all possible defenses and advise you accordingly. Tailoring a defense strategy to your case specifics and knowing how to use it can dramatically enhance the chances of a favorable outcome.

What Are the Challenges in Defending Against Commercial DUI Charges?

Defending yourself against a commercial DIO charge requires that you be proactive in responding because your entire life could change for the worse if you get convicted. You could lose your freedom, career, and money in an instant. You will be faced with various options, and it will require the input of experienced CDL DUI lawyers in Las Vegas to make the most suitable decision.

Depending on the evidence the prosecutor has against you and the case specifics, you could evaluate the following options:

  • Seek dismissal of charges: You can explore this option upon determining that the prosecution lacks enough evidence or the police lacked reasonable suspicion to test your BAC. It is often the best outcome.
  • Defend yourself against the charges: You can plead not guilty in court and proceed to trial. You don’t have to prove your innocence, but you must make it hard for the prosecutor to show you guilty beyond a reasonable doubt.
  • Negotiate a plea deal: You can avoid fighting the charges by negotiating an agreement with the prosecutor to reduce your penalties.

Deciding which option to settle for can be challenging, but a skilled CDL DUI attorney can help you achieve the most favorable outcome.

An Experienced Criminal Defense Lawyer Defending You Against Commercial DUI Charges

The law is strict against commercial drivers caught driving under the influence. Determining the most appropriate course of action or defense strategy during trial can be complex, but a skilled CDL DIO attorney can help you achieve a favorable outcome.

The Goodwin Law Group, PLLC, has a legal team that can defend you. We have helped many commercial drivers facing driving under the influence charges, and we can help you, too, to protect your freedom and future. Call us at 702-819-8242 to schedule a FREE consultation.