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DUI/DWI defense strategies for CDL holders

On Behalf of | Jul 3, 2024 | DWI Defense |

Holding a Commercial Driver’s License (CDL) comes with its own set of challenges, especially if you’re facing DUI/DWI charges in New Jersey. Understanding the specific legal defenses available to CDL holders is essential for navigating these situations..

Stricter blood alcohol limits

CDL holders in New Jersey face stricter blood alcohol concentration (BAC) limits. While non-commercial drivers may be charged with DUI at 0.08% BAC, CDL holders can face charges at just 0.04%. Breathalyzer errors, improper calibration, or incorrect testing procedures can lead to inaccurate results. Highlighting these issues can help question the validity of the BAC reading.

Traffic stop legality

Law enforcement must have a valid reason to pull over a commercial vehicle. Without a legitimate cause, the stop may be considered illegal. If the stop isn’t justified, you can challenge any evidence in court. Examining the reason for the stop and whether it adhered to legal standards can reveal potential flaws in the DUI/DWI case.

Timing of BAC tests

The timing of BAC tests is crucial, as alcohol levels can fluctuate significantly over short periods. For delays between driving and testing, you could argue that the BAC at the time of the test does not reflect the BAC while driving. 

Alternative explanations for test results

Various factors other than alcohol consumption can lead to a failed sobriety test, such as medical conditions or medications. Demonstrating that a medical condition or other factor caused the test results can be a viable defense. Providing medical records or expert testimony can help establish that the sobriety test was not a fair assessment of your condition.

Challenging evidence validity for CDL DUI/DWI charges

Understanding and leveraging specific defenses can significantly impact the outcome of a DUI/DWI charge for CDL holders. Properly addressing each aspect can make a substantial difference in your case.