Experienced CDL Traffic Attorney Near Me, Bernardston, MA

For CDL holders in Massachusetts, the penalties for a DUI (Driving Under the Influence) are severe due to the higher standards set for commercial drivers. If you are operating a commercial motor vehicle (CMV) and are found with a blood alcohol concentration (BAC) of 0.04% or higher, or under the influence of controlled substances, you will face a minimum one-year disqualification for your first offense. If the DUI occurs while transporting hazardous materials, the disqualification period extends to three years. A second offense results in a lifetime disqualification, effectively ending your commercial driving career.

Defending against a CDL suspension for refusing a breathalyzer test requires a strategic legal approach, as Massachusetts imposes strict penalties for refusals under implied consent laws. Key defenses might include challenging the lawfulness of the traffic stop, the procedures followed during the DUI/DWI arrest, or the administration of the breathalyzer test itself. Engaging an experienced traffic attorney who understands the complexities of CDL regulations and DUI defenses can help challenge the suspension effectively.

Facing a lifetime CDL revocation is a serious matter. It is crucial to act swiftly:

1. Consult an Experienced Attorney: Immediately seek legal advice from an attorney specializing in CDL laws and traffic violations.
2. Review the Charges: Thoroughly review the circumstances and details of the charges against you with your attorney to identify any possible errors or viable defenses.
3. Gather Evidence: Compile any relevant evidence that may support your case, including witness statements, dash cam footage, or GPS data.
4. Administrative Hearing: Ensure you request and prepare for an administrative hearing, which might offer a chance to overturn the revocation decision.
5. Legal Defense: Work with your attorney to develop a strong defense strategy for both administrative and criminal proceedings.

In Massachusetts, CDL holders are not eligible for a hardship license to operate commercial vehicles if their CDL is suspended or revoked. However, they may apply for a Class D Hardship License to drive a non-commercial vehicle under certain conditions. This option allows for limited driving privileges, usually for work, school, or medical appointments, but does not extend to commercial driving.

Violating out-of-service orders can result in severe penalties for CDL holders. For the first violation, the suspension ranges from 90 days to one year, depending on the specifics of the case, including whether passengers or hazardous materials were involved. Subsequent violations can lead to suspensions ranging from one to five years. These penalties are designed to enforce compliance with safety regulations and ensure that unsafe drivers are removed from the roads.