What can I do if I have a CDL and this is my second DUI (2008)? 31 Answers as of June 13, 2013

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Dennis P. Mikko Attorney at Law | Dennis P. Mikko
You will have to vigorously defend the second DUI charge. If convicted you will most likely lose your CDL.
Answer Applies to: Michigan
Replied: 9/4/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Find a job that does not require you to drive.
Answer Applies to: Pennsylvania
Replied: 6/13/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
You will need to beat the case and even then you may still lose your CDL. I would have to research the issue. Hire a good OUI lawyer.
Answer Applies to: Massachusetts
Replied: 9/4/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Losing your CDL is the least of your problems as a DA can very likely seek jail on a second DWI within 4 years. If the first DWI resulted in a misdemeanor conviction and not a plea to the driving while impaired infraction, you face felony charges now. Consult with a local attorney ASAP!
Answer Applies to: New York
Replied: 9/4/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
If you're convicted of a second DUI, you're looking at a mandatory jail sentence, license suspension, etc. What can you do? Get a lawyer and fight the case to avoid (if at all possible) the second conviction.
Answer Applies to: California
Replied: 9/4/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You will probably lose the CDL license. You should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 9/4/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Consider finding a different employment. A conviction of a second DUI may well be the end of your CDL.
    Answer Applies to: Alabama
    Replied: 9/4/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Defend the new DUI. Second DUI carries enhanced penalties, including jail time. If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 9/4/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    you have to fight it and win or else you lose your CDL - feet the best attorney you can find In response to your DUI Questions:
    Answer Applies to: Colorado
    Replied: 9/4/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to fight the charge since you will lose your CDL for life in Nebraska.
    Answer Applies to: Nebraska
    Replied: 9/4/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    If you have a Class 'A' and can't beat the charge, you will need another way to make a living.
    Answer Applies to: Missouri
    Replied: 9/4/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Find another occupation. With a second DUI, you will never get your CDL back. If your first DUI was in 2008, your are in more trouble because the probationary period for a DUI is 5 years. This means you are still on probation for the first case. This new charge is a violation of the terms of the probation on your first DUI. As such, you can be brought before the court on that case and additional jail time can be imposed. This is separate from the penalties associated with your second DUI.
    Answer Applies to: Washington
    Replied: 9/4/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to handle the matter. A second DWI is very serious and could be a felony if you had a prior DWI misdemeanor conviction. You will have to go to trial and if the BAC was over .16 you will probably be convicted of the DWI. That will require an ignition interlock device for 6 months, a revocation of your license, a fine and surcharge, and your insurance could be $10,000 a year in some cities. In some cities you can get jail time for a second offense, but you may just get probation and counseling. If you violate probation you will likely get a jail sentence.
    Answer Applies to: New York
    Replied: 9/4/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You better hire a good DUI lawyer. If you are convicted of a 2nd DUI you lose your CDL for life.
    Answer Applies to: Georgia
    Replied: 9/4/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Look for other employment, or retain the best DUI attorney that you can.
    Answer Applies to: Georgia
    Replied: 9/4/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    You can ask for a DMV hearing on the suspension.
    Answer Applies to: California
    Replied: 9/4/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Depends on how many years apart the cases are. Two within 7 years you lose your license for a year.
    Answer Applies to: Michigan
    Replied: 9/4/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    There is nothing you can do unless beat the DUI,
    Answer Applies to: New Jersey
    Replied: 8/31/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Hire a great lawyer and find a new line of work
    Answer Applies to: New York
    Replied: 8/31/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You probably have no choice but to contest the case and the license revocation. Upon conviction, you will undoubtedly lose your CDL for a lengthy period.
    Answer Applies to: Minnesota
    Replied: 8/31/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    A lot. If you don't hire a DUI specialist to fight your case, expect mandatory jail time, a 2 year license suspension, installation of IID, 3-5 years of probation, a 18-month alcohol class, and a load of fines. In all, expect to pay north of 20 grand over the next 5 years.
    Answer Applies to: California
    Replied: 8/31/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    If you are convicted of a second DUI offense you will lose your CDL endorsement will be suspended for life.
    Answer Applies to: New Hampshire
    Replied: 9/5/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You need to find a good attorney to get a plea to careless, or DUI first.
    Answer Applies to: Michigan
    Replied: 8/31/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would have to file a Petition for Judicial Review to challenge the license revocation and prevail. The challenges in the civil case are not unlike those in the criminal case.
    Answer Applies to: Minnesota
    Replied: 8/31/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Unfortunately not much. Even if an attorney gets you a "suspended Imposition of Sentence" which is unlikely, you will still receive a "disqualification" from the dept of revenue which will affect your CDL privileges.
    Answer Applies to: Missouri
    Replied: 8/31/2012
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