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Akron Dui Attorney Explains Dui And Commercial Drivers

Truck Drivers with commercial driver's license (CDL) are just as at risk for DUI

(driving under the influence of drugs or alcohol) or OVI (operating a vehicle impaired) as any normal driver is, and the penalties for being charged for DUI or OVI in Akron, Ohio, are just as severe, if not worse, and so it is of immediate importance that any CDL truck driver being charged finds themselves an accomplished, experienced Akron DUI attorney to help with their case.

The legal blood alcohol limit for a CDL truck driver is half that of a private driver. In addition, if you are arrested whilst operating a commercial vehicle, you are immediately put out of operation for 24 hours, and if you are asked to submit a chemical test of your blood, you are required to immediately hand over your commercial driver's license. If you refuse to submit to the chemical blood test, it is immediately treated as a first degree misdemeanor offense, whether you are charged for the DUI or not. As is the case with a private DUI charge, you have the right to appeal your case, and this is where your need for an Akron DUI attorney comes in.

Since your commercial driver's license is your livelihood, you cannot afford to be without it, and you most certainly cannot afford to have a DUI charge on your name. Thus, making use of an Akron DUI attorney will help clear your name, provided you have a case. The lawyer will be able to determine whether or not you have a case, and there are multiple reasons why you could find yourself with a case against the BMV (Bureau for Motor Vehicles).

The first thing that your Akron DUI attorney will attend to is arranging a BMV hearing. This hearing is where the BMV will adjourn to discuss whether or not your license suspension is justified. The BMV has to prove that it is justified, not the other way around (where you need to prove it isn't justified). After this hearing, the criminal hearing takes place, where your Akron DUI attorney will attempt to highlight the judge to the fact that the evidence of your non-sobriety is dismissible in a court of law. The reasons why it could be dismissible include:


The breathalyzer unit used to take your blood alcohol content was not regularly tested and calibrated.

The tests were done after you were arrested.


The blood test was not collected within 3 hours of the alleged DUI incident.

Alcohol was used as a skin antiseptic when collecting the blood sample for the blood test.

If you suspect that any of these reasons apply to your case, then it is well within your best interests to get the services of an experienced Akron DUI attorney to look at your case, and to present your case to the court when the criminal proceedings take place. If any of the above applies, the judge will need to dismiss the evidence as it does not hold in court, and you'll then be thanking your Akron DUI attorney for saving not only your license and driving privileges, but also your CDL truck driving career.

by: Martino Ramsdell
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