OWI Defense for People with a Commercial Drivers License (CDL)
Being charged with operating while intoxicated (OWI) as a commercial driver's license (CDL) holder carries some serious differences from being charged with OWI/DUI with a Class D license (standard driver's license). In short, you are held to stricter standards and you could find yourself unable to continue in your line of work due to CDL disqualification.
But OWI/DUI defense for people with a commercial driver's license is available, and if you choose a proven attorney, it’s possible to have the charges dropped or reduced. I am the attorney who literally wrote the book on OWI/DUI defense in Wisconsin. If you are a CDL holder charged with OWI/DUI, get in touch with us now so we can get to work making sure you don’t suffer undue punishment. To request your free consultation, write to Mishlove and Stuckert today.
Unique OWI/DUI Laws and Penalties for CDL Holders
In Wisconsin, you can be charged with OWI/DUI whIle driving with a Class D license if you have a blood alcohol concentration (BAC) of 0.08 percent or higher.
The same holds true if you have a CDL and were driving your personal vehicle. However, if you were driving a commercial vehicle:
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Having a BAC over 0.0 percent (first offense) can result in a $10 fine and loss of your CDL privileges for 24 hours.
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Having a BAC over 0.04 but under 0.08 (first offense) can result in $150 to $300 in fines, as well as a one-year disqualification of your CDL. If you were transporting hazardous material, you could face a three-year CDL disqualification.
Meanwhile, a first-offense OWI/DUI while driving any class of vehicle can result in a one-year disqualification of your CDL. A second-offense OWI/DUI while driving any class of vehicle can result in lifetime disqualification of your CDL.
While you still may be able to acquire an occupational license, disqualification of your CDL means you’ll have to work in an entirely different occupation, if you can find one.
You get a 10-day window to appeal a CDL disqualification. The importance of retaining a lawyer who can help with that appeal can’t be overstated. Ideally, you should consult a lawyer as soon as possible following your arrest. Our firm serving clients throughout Wisconsin is prepared to help you.
It Takes Expertise to Fight the Charges
OWI/DUI charges under any circumstances are intimidating, but they are not hopeless. We understand you may feel doomed—the mere suggestion that you were driving under the influence carries an immense stigma, and the thought of losing your CDL along with your eligibility to work can be terrifying. Fortunately, giving yourself a fighting chance at freedom and continued work behind the wheel only requires reaching out to an attorney with an advanced understanding of OWI/DUI law and the science behind it.
There are virtually countless ways in which law enforcement can make mistakes in the process of identifying someone who is operating a motor vehicle while intoxicated, gathering evidence, and making an arrest. While driving under the influence is a serious crime, the truth is that innocent people can easily be charged and suffer undue consequences if law enforcement fails to follow protocol to the letter.
Identifying when and how these mistakes occur takes someone who has studied the procedures and understands them as well—or, in some cases, better—than the law enforcement personnel responsible for performing them. At Mishlove & Stuckert, we have repeatedly demonstrated our ability to use an advanced knowledge of OWI/DUI protocol to get charges reduced or dropped in Wisconsin.
5 Common Weaknesses in OWI/DUI Cases
When a CDL holder or any other licensed motorist hires Mishlove & Stuckert, our attorneys will conduct a thorough analysis of what led to the traffic stop, what happened during the stop, and all evidence that led to the arrest. Again, there are many points in this process where civil rights may have been violated or mistakes may have occurred. For example:
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The officer may have stopped you based on an anonymous call.
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There may not have been reasonable suspicion leading up to the traffic stop. Examples of reasonable suspicion include driving too slow, driving too fast, running a red light or stop sign, and driving in an erratic or reckless manner.
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Field tests may have been incorrectly administered.
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The officer may not have observed you for 20 minutes before administering the breath test.
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If you took a blood test, the officer may have failed to record the expiration date on the blood vials.
Breath and Blood Tests Are Frequently Inaccurate
Breath and blood tests result in thousands of convictions each year. This is tragic when you consider how faulty these tests can be, and how severely this flawed evidence can impact someone whose CDL is their livelihood.
For example, did you know that cell phone transmissions and acid reflux can both cause a breathalyzer to produce a false positive?
And although they are commonly thought to be much more accurate, the truth is that blood tests also carry plenty of room for errors, including improperly calibrated equipment and mixed-up samples.
We are passionate about preventing the miscarriage of justice due to these mistakes. That’s why Lauren Stuckert and I, along with a group of our colleagues, took it upon ourselves to investigate and uncover multiple irregularities in the Wisconsin State Laboratory of Hygiene’s blood alcohol tests. This led us to become one of the only firms in the world that can reprocess any blood alcohol analysis done at the WSHL, or any other lab that uses Perkin Elmer instruments.
If we doubt the validity of a blood test, we are prepared to conduct our own analysis to uncover the truth in your case.
We’ll Help Protect Your CDL: Call Our Law Offices Today
If you are a CDL holder charged with OWI/DUI, get in touch with Mishlove & Stuckert, serving clients throughout Wisconsin from offices in Oshkosh, Waukesha, West Bend, and Milwaukee. We are prepared to protect your rights with science and a steadfast dedication to justice. To request a free consultation, write to us or call today.
About Andrew Mishlove
A board-certified OWI defense specialist, Andrew Mishlove has practiced law in Wisconsin since 1981. He is a nationally recognized figure when it comes to drunk and intoxicated driving defense. Mr. Mishlove is the author of Wisconsin OWI Defense: The Law and Practice and is on the Board of Regents of the National College for DUI Defense (NCDD).
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