Drunk Driving and Truck Accidents

Drunk driving is a felony, mostly because it is a common cause of accident. It is no joke to be charged with driving under the influence (DUI) of alcohol and if you happen to be a commercial driving license (CDL) holder, which all truck drivers are, then a conviction will put paid to your employment as a commercial motor vehicle driver.

Most defenses against a DUI charge have to do with probable cause. This means that the arresting officer must have had a good reason for administering the field sobriety tests, including the breathalyzer. This could be erratic driving behavior, smell of alcohol on the breath, slurred speech, or general demeanor. But when there is an accident, probable cause is not an issue.

One of the first things that happens right after truck accidents or any kind of vehicular accident is to determine if any of the drivers involved is intoxicated. This is typically done by measuring the blood alcohol content (BAC) level using a breathalyzer. In most states, a BAC of .08 is considered legally intoxicated for people over 21 and .04 for CDL holders. A driver under 21 with any BAC at all will be arrested.

However, it should be noted that the breathalyzer test is far from infallible. A good criminal defense lawyer would seek to discredit the validity of the results, or provide an alternative explanation for them. According to the website of Pohl & Berk, LLP in Nashville, some medications have been known to yield a false positive in breathalyzer tests even if the driver had not imbibed any alcohol, such as the asthma medication salbutamol.

A DUI conviction carries serious consequences, so it is important to make every effort to avoid it. You can seek out Waukesha Criminal Defense Lawyers to help fight the accusations you are facing when you are up against a DUI charge.

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