Driving a commercial vehicle can be incredibly dangerous. For this reason, the operators of these vehicles are held to much stricter guidelines and regulations. When a commercial driver is arrested for a DUI, there can be many serious consequences for their future. I, Zachary C. Holbrook, am experienced in many different aspects of DUI law and can help to provide the best legal defense during your commercial DUI case. These cases can significantly impact your future and result in substantial problems. Here is what you need to know about commercial DUIs. 

Understanding Utah BAC Levels

As most people are aware, Utah has some of the strictest DUI laws in the country. The legal BAC, blood alcohol content, limit for non-commercial drivers is below .05%. However, the laws are even stricter for individuals that have a commercial driving license, called a CDL. These drivers can receive a DUI if their BAC reaches .04%. This is not a difficult level to reach and can even be met with just one alcoholic beverage or even the morning after a night of heavy drinking. It is also important to note that if the BAC of a commercial driver is significantly above .04%, they may have their CDL completely revoked. There are many serious consequences that come along with commercial DUIs, so it is critical to consult with me if you are going through a commercial DUI case. 

Any Vehicle You Drive

One important component to be aware of is that CDL holders are always held accountable to the highest standards. These requirements don’t only apply when they are driving a commercial vehicle. CDL holders always need to be extremely responsible about their driving. A CDL holder that is arrested for a DUI while driving a personal vehicle will still be held to the same standards and punishments as they would be if they were operating a commercial vehicle. It is very easy to reach a BAC of .04% so CDL holders need to be careful whenever they drink. If you have been charged with a commercial DUI, you should contact me for more information about the best steps to take. 

Penalties of Commercial DUIs

Driving a large commercial vehicle can be incredibly dangerous. Accidents with these vehicles are the most likely to result in fatalities. Due to this, there are much harsher penalties associated with commercial DUIs. Many of the regular fines, jail sentences, and other punishments will apply to someone charged with a commercial DUI. However, these fines and jail time will generally be extended to a more severe degree. It is common for commercial drivers to have their CDL suspended for one year after they have been charged with a DUI. In addition to the consequences on their CDL, they will also often face probation periods and the suspension of their non-commercial driving privileges. Commercial DUI offenses often result in the installation of an Ignition Interlock Device in their vehicle. Community service requirements tend to come along with commercial DUIs. 

Many companies will fire drivers that have been charged with a DUI. They also will be unable to use the driver’s services until their license suspension is over. Insurance rates will certainly increase after being charged with a commercial DUI. It is also important to remember that a 2nd commercial DUI charge will often result in the CDL being completely revoked. 

Keeping Your Job

In the majority of situations, you will only be able to prevent the suspension of your CDL if you fight the initial DUI charge. Once you have a DUI charge on your record, your CDL will be suspended and even potentially revoked. However, it can be extremely difficult to fight any DUI charge depending on the circumstance. My services are a great way to ensure the best possible outcome for your commercial DUI charge. This can go a long way toward helping you to keep your job and protect your future. 

CDL Holders

CDL holders are always held to higher requirements than non-commercial drivers. They are required to follow specific regulations, such as taking breaks on a schedule and following traffic laws to the letter. It is incredibly important to ensure that you follow these requirements if you have a CDL. Because CDL holders are held to higher standards, they will ultimately have harsher punishments for commercial DUIs. Fighting the charge tends to be the best possible method for protecting your future, your job, and preventing substantial issues. My experience in the area of DUI law is helpful in procuring the best possible outcome for your commercial DUI case. 

Defenses for a Commercial DUI

Since fighting the charge tends to be the best procedure for a commercial DUI charge, it is important to understand the defenses for a commercial DUI. I can help you to craft a thorough defense to provide the best outcome for your case. One of the most common defenses is to question the accuracy of the breath or blood test. This can often be effective, because commercial DUIs deal with very small alcohol levels, which increases the likelihood of an inaccurate test. You can also argue that the test was skewed based on a specific diet or taking certain medications, which can cause false results. 

Contact Me

Commercial DUIs come with incredibly serious long-term consequences. If you have been charged with a commercial DUI, it is incredibly important to obtain legal counsel to ensure the best possible outcome for your situation. I offer excellent DUI legal services to prevent substantial problems and protect your future. To learn more about my services or the importance of an attorney during a commercial DUI, contact me at the Zachary C. Holbrook law office today!

If you are charged with a federal DUI, there are many things that you will have to take under consideration. While the majority of DUI charges are considered a local issue rather than a federal issue, it is still possible for DUI charges to fall under federal jurisdiction. The main consideration comes down to where the DUI occurred. I, Zachary C. Holbrook, am experienced in a variety of DUI charges, including felony DUI charges, commercial DUI charges, and many additional areas. Here are a few of the things that you need to know about federal DUI charges and how a federal charge may impact your specific situation. 

Most DUI Charges

The majority of DUI charges occur within the jurisdiction of local courts, which makes it a state concern. These DUI charges will go through a local court and the outcome will be impacted significantly by the state and the applicable laws within the state. However, when the DUI happens on federal property, it will likely become a federal DUI charge. It is important to be aware when you are on federal property that any DUI charges you may incur will likely be a federal concern. A federal DUI charge will follow different processes than other DUI types.  

Federal DUI Charges

Federal DUI charges occur when you are arrested for a DUI on federal property. Federal property is generally considered property that is owned by the federal government. Various federal properties include federal courthouses, national parks, some airports, military bases, post offices, government compounds, parking lots that are located on federal land, and national monuments. This is not necessarily an all-encompassing list, so it is important to pay attention when you are on federal land. Any DUI that occurs on these properties will likely fall under the jurisdiction of the federal government and will become a federal DUI charge.  

Federal Laws

State DUI laws tend to vary, especially when it comes to the legal limit or what the state constitutes as a DUI. However, it is important to keep in mind that if the state laws are more stringent than the federal laws, it is likely that the state laws will be used, even if the DUI is a federal DUI charge. For example, if the state laws legal limit for BAC is .05%, a federal charge may be incurred if the driver has a BAC of .05% rather than .08%. In general, federal laws prohibit operating a motor vehicle with a blood alcohol content of .08% or higher. Federal laws also maintain a “zero tolerance” policy. This policy states that anyone under the age of 21 is prohibited from having a BAC of .001% or higher. Underage drivers that are operating a motor vehicle with any amount of alcohol in their system will be charged with a DUI. 

Consequences of Federal DUI Charges

Along with the variations between state DUI laws, there are also variations between each state’s related consequences for DUI charges. Federal consequences are essentially the same across the board, since federal DUI charges are the same for each state. In general, a federal DUI charge may result in fines of up to $5,000, incarceration in a federal prison for up to 6 months, and probation up to 5 years. The consequences of federal DUI charges may be more severe in certain circumstances. For example, if the blood alcohol content was substantially over the legal limit, the consequences may be more severe. The charges will also be more severe if there was a passenger that was under the age of 14 in the vehicle or if the driver of the vehicle has had prior DUI convictions. In most states, these more severe consequences will occur in these situations.  

Military Consequences

Military consequences may be slightly different from the general federal consequences. These consequences tend to occur to military employees that sustain a DUI charge while off duty or while on the military base. These military consequences are certainly different from general consequences. The consequences may include a reduction in grade or rank, a letter of reprimand, revocation of various pass privileges, referral to a substance abuse treatment program, corrective training, extra duty requirements, forfeiture of pay, dismissal from the military, court martial, or bar to reenlistment. Understanding various military consequences will help to determine the outcome of a federal DUI charge. Keep in mind that the factors of the charge will likely impact the severity of the consequences. 

Refusing a Chemical Test

When you drive on federal lands or property, you are automatically included under the implied consent law. This means that if you are arrested or under suspicion of DUI, you are required to submit to a blood, urine, or breath test to determine your blood alcohol content. If you refuse to submit to one of these tests after you have been lawfully arrested for a DUI, it is considered a misdemeanor under federal law. This can result in up to 6 months of incarceration in a federal prison, along with a relatively steep fine. You may also be prohibited from visiting the federal land for up to 1 year, depending on the specific circumstance. While state laws vary regarding chemical tests, being on federal land means that you are automatically included under implied consent. 

The major difference between a federal DUI and a DUI that is tried in a local court is the court system in which the DUI charge will be processed. It is important to understand the consequences that may come alongside any DUI charge. If you have experienced a DUI charge, it is critical to hire me as your DUI attorney. I am experienced in many different DUI types, which can help to ensure superior protection for you throughout your process. My legal expertise can go a long way toward improving the final outcome of your DUI charge. To learn more about getting through your DUI case or to obtain superior legal services, contact me today!