If you drive a truck for a living, you are held to higher standard — even while driving your own private vehicle. As a result, getting arrested for a DUI in Arizona is a possible career-ender for those who hold a commercial driver’s license (CDL). Many of Arizona’s police officers subscribe to a theory of arresting anyone who is driving and may have had a drink, and then letting the crime lab figure out if the person is guilty or not. This may run afoul of the Constitution, but with many local judges backing up these actions, there are no consequences for this type of police behavior. While this is certainly inconvenient and damaging for anyone falsely arrested for a DUI, if you have a CDL, this police strategy may end your career.
When the unstated policy is to arrest everyone for a DUI and let the crime lab figure it out later, the crime lab has to be perfect in order to verify that innocent people aren’t being convicted of crimes that they didn’t commit. However, crime labs are often NOT perfect. I have represented many clients for whom we have been able to show that something went wrong in the crime lab when their sample (of blood or urine) was tested.
Very few trucking companies will be willing to pay for the increased insurance or liability of a trucker with a DUI conviction (even years in the past). Further, Arizona’s draconian sentencing requirements will assess points on a driver’s license, and require an interlock devise, if convicted. This will likely cause anyone with a commercial driver’s license (CDL) who was arrested in their own car to lose their job and their career.
If you have a CDL and have been arrested for a DUI in Arizona, you need a competent DUI attorney who knows the specific details in this area, and can best extricate you from the criminal justice system.