My husband was arrested february 2011 of a suspicion of a DUI(over a year ago). He was arrested in his own personal vehicle. I have not been able to locate his BAC. The officers that arrested him keep telling me they will have to contact me at a later date because it isn't in their system. Yet the lawyer we hired says that their is no way we can win our case that we should forfeit the DMV case. We feel as though we have been taken for our money and not given the answered we need. My husband has to have his CDLs in order to keep his job. This is his first offense. Does anyone have any advice for us? Should I get a new lawyer? Is it best to forfeit the DMV hearing.
Yes your CDLs can be revoked. CDL drivers are held to a much higher standard that regular licensees. You are always free to hire a new attorney but it may be the same advice, sometimes a plea is in the clients best interest. It could mean less or no jail time, less fines/fees or community service.
What do you mean there is no BAC? If he refused then that would help your case...
Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.
Yes in all 50 states a DUI in a personal vehicle causes a CDL DQ
While there are indeed some citizen questions that any experienced DUI defense attorney in the country can answer, I -like many of my equally well trained and experienced dui defense colleagues around the country- think it FAR more prudent to answer citizen questions from the attorney's HOME state and not give advice to citizens in state's he/she does not practice in.
Having passed along that pearl of wisdom, this is a WEST VIRGINIA question. As the CEO of West Virginia's only exclusive DUI defense practice I will now answer. (*noting individual has also called my office!)
Whether in a personal or professional vehicle it matters not as to CDL being potentially revoked by the WV DMV, which in turn will take the CDL in all 50 states per federal regulations concerning CDL licenses.
As to your attorney advising your husband to "give up the DMV" side of his case, and therein give up fighting for his job and career. Simply put, that's frighteningly bad legal advice. The only sure way to lose is not to fight and give up. Yes, license administrative hearings are more challenging to win but they are not remotely impossible to win. And given what is at stake for your husband and your family, you have no choice but to fight and fight to the fullest. In short, IF that is the positoin of your lawyer, a) that concerns me greatly; and b) if me or a loved one, yes, I would be seeking other counsel and one that specializes in this area of the law to do all he/she can to fight for your husband.
Keep in mind, IF he obtains a criminal conviction via the criminal court side of the case, this will not only take away his right to fight the WV DMV to keep his CDL but will also take your husband's CDL in all 50 states. IF you lose either side of the case -convicted for dui in criminal court or suspended by DMV- you lose the CDL in all 50 states.
Lastly, the blood alcohol concentration number alleged in the case along with every other piece of evidence is absolutely important in fashioning your husband's defense, along with any medical history or issues that may be present with him.
In closing, you should definitely be speaking to other counsel and one's to whom have experienced DUI defense practices.
Harley O. Wagner, Esq.
West Virginia DUI Defense Attorney
State Delegate - National College for DUI Defense
Author - West Virginia DUI Defense, The Law and Practice (lawyers & judges publishing)