Dui

While I don't practice in your state, here is my take on your questions.

First, you need to hire an experienced criminal defense lawyer. Don't skimp on the cost because with a CDL license, a conviction will usually stop you from getting it back. Second, No, they don't usually drop the charges due to the things you've mentioned. He/she will be given the BAC once they are on the case.

Third, the fact that you weren't given "your rights" is immaterial unless you gave a statement in response to police questions which in custody. The field test will normally stand anyway, but the slant will cast some doubt upon it.

Nobody can tell you from a web site response what the outcome of your case will be. The lawyer who you hire will be in the best position to do so.

Good luck.

First of all, you should contact an attorney who practices DUI defense in your state of arrest. NCDD.com is the website for the National College for DUI Defense and you should be able to locate a well-seasoned DUI attorney there. I recommend this because a CDL will be disqualified for one year for a first DUI incident, and for a lifetime for a second DUI incident. The disqualification can arise even if you are found not-guilty in court, if the DMV administratively suspends your license for DUI, even if you were driving your personal vehicle at the time. The fact that you were not read your rights may or may not affect your case. You must be read the Miranda warnings prior to any in-custody interrogation or questioning. Miranda does not apply to questions you answered while not in-custody, as a general rule. Certainly, defending a DUI and your license/CDL can be an expensive endeavor, but if your livelihood depends upon it, you want the best defense possible. Whether you were on duty or not is not really an issue--the important issue is whether you were driving a commercial vehicle or a non-commercial vehicle at the time, because the BAC limit differs depending on the vehicle type. Typically, a BAC of .04 or higher is prohibited when driving a commercial vehicle, while a BAC of .08 or higher is prohibited on a non-commercial vehicle. There may be issues that arise with regard to the legality of the roadblock that an experienced PA attorney could advise you concerning.