Charged with OUI and have a CDL license

Attorney Michael DelSignore is a Massachusetts OUI Lawyer that can help you save your CDL license. To save your CDL license you will need to win your case and need an experieced trial lawyer. Attorney DelSignore has achieved not guilty verdicts on OUI cases throughout Massachusetts. So whereover you face an OUI charge, your best chance to win is with Attorney DelSignore in your corner for trial.

If you are charged with OUI in Massachusetts and have a CDL license, you face potential license consequences to both your regular license and CDL license.

Penalties for refusing a Breath Test CDL:

• 1 year license loss for refusal
• Lifetime License loss for CDL if you have 2 of the following offenses:  OUI convictions or prior breath test refusals

For your regular license, prior breath test refusals in Massachusetts do not count toward your license loss. Only prior OUI convictions and/or assignments to alcohol education programs are counted against you. For CDLs, prior breath test refusals do count, just as convictions and deferrals do.

The RMV will suspend your CDL license for one year if you fail a breath test; if you are convicted of OUI, you face an additional one year suspension of your CDL.

The best way to protect your CDL license is to avoid an OUI conviction with a not guilty verdict.

OUI is “operating under the influence,” the Massachusetts term for driving under the influence or DUI. OUI means driving, or operating a vehicle, while impaired by alcohol or drugs of any kind.

OUI Defense Attorney Michael DelSignore is one of the Commonwealth’s foremost OUI attorneys. He has over two decades of experience representing Massachusetts residents accused of driving while impaired. He has a strong record of positive results, obtaining many not guilty verdicts and dismissals for people just like you. Attorney DelSignore knows that many people accused of OUI were not actually impaired, or that they made an isolated mistake they have learned from. He believes you should have the opportunity to protect your CDL and any work you perform with it, and he wants to make the strongest possible defense in your case.

OUI Attorney Michael DelSignore has a tried-and-true method for defending those accused of OUI. He will carefully review the relevant police report, results of any breathalyzer or blood draw test, and other evidence in your case in order to determine the best defense strategy.

As CDL, or commercial driver’s license, allows the licensee to operate large vehicles that they cannot with a regular license. For many people, a CDL is a requirement of their job. For professionals like truckers, school bus drivers, refuse collectors, and many delivery people, the loss of their CDL means the loss of not only their current job but also their entire career.

In Massachusetts, driver’s licenses can be Class A, Class B, Class C, or Class D.

Class A is the highest CDL. The Class A CDL allows the licensee to operate any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more. These vehicles include semi trucks, flatbeds, and tanker trucks. Class A CDL holders can also operate everything authorized by a Class B or Class C CDL.

A Class B CDL allows you to drive any single unit vehicle with a GVWR of 26,001 pounds or more or any vehicle towing a vehicle that does not weigh more than 10,000 pounds. Examples include garbage and delivery trucks, straight trucks, and cement mixers. A Class B CDL holder can also do everything allowed by a Class C CDL.

A Class C CDL enables you to operate any vehicle that is too small to require a Class B or Class A CDL but is designed to carry 16 or more passengers or used in the transportation of hazardous materials. These vehicles may be buses, vans, or hazmat vehicles.

For reference, a Class D license is not a CDL. It is the normal passenger driver’s license held by most people in Massachusetts.

What Happens to Your CDL When You’re Charged with OUI?

An OUI charge is a serious threat to your CDL and your livelihood. While simply being charged with OUI may not have an immediate effect on your CDL, any type of OUI conviction will result in the loss of your CDL for some period of time. This is the case whether you:

• Are found guilty/are convicted
• Plead guilty
• Are given a continuance without a finding (CWOF)
• Are assigned to a diversion program like classes

To protect your CDL, you need a seasoned Massachusetts OUI Defense Attorney who can achieve a positive outcome, like a dismissal or acquittal, in your case.

Massachusetts General Laws Chapter 90F Section 9 sets out the penalties for OUI and motor vehicle offenses in the Commonwealth.

When you are convicted of OUI, including a CWOF or deferral, you will lose your CDL for one year. You will also lose your CDL for a year for refusing a breath test, operating a commercial vehicle with a blood alcohol content of more than .04, leaving the scene of an accident while operating a commercial vehicle, or causing a death through negligent commercial vehicle operation.

Consequences for a second offense are even more drastic. If you have a prior OUI conviction or have previously refused a breath test, and you receive another offense, your CDL will be suspended for life. This means if you have a prior breath test refusal and are convicted of OUI, you can never operate a commercial vehicle again. Similarly, two breath test refusals, two OUI convictions, or a breath test refusal after an OUI convictions will result in the permanent loss of your CDL.

It is crucial that you avoid this outcome by obtaining a confident, capable OUI defense attorney like Michael DelSignore. You can contact him any time for a free case evaluation.

If you refuse a breath test in Massachusetts and have no prior refusals or OUI convictions, your Massachusetts CDL will be automatically suspended for one year. This is the case whether you were driving a commercial vehicle or your personal vehicle.

For CDL holders, refusing a breath test or other alcohol or drug test counts as an offense toward license loss. Two offenses means the lifetime suspension of your CDL.

This means that if you have been convicted of OUI/DUI before and refuse a breath test, your CDL is suspended permanently. Similarly, if you have previously refused a drug or alcohol test while driving and do so a second time, you will lose your CDL for life.

Yes. The relationship between OUI charges and CDL suspension or revocation is set by federal law. States have very similar laws, as required by the federal government, and convictions from outside Massachusetts count for purposes of losing your CDL. Similarly, if you lose your CDL in Massachusetts, you cannot get it back in another state.

There are many ways to defeat an OUI charge, as detailed in Attorney DelSignore’s books on OUI law in Massachusetts. He uses the defense strategy that best fits your individual circumstances, bringing with him over 20 years of Massachusetts OUI experience and a passion for defending your rights.

Showing Lack of Probable Cause

When clients contact him early, before charges have issued, Attorney DelSignore has a good track record of success at clerk magistrate hearings. He may be able to persuade a clerk magistrate that there is no probable cause for an OUI charge and prevent them from charging you in the first place. This is a very positive outcome, keeping OUI completely off of your record.

Disproving Allegations of Erratic Driving / Field Sobriety Test Failure

Sometimes, a police officer makes an arrest resulting in an OUI charge with no hard evidence of intoxication. While field sobriety tests and the officer’s testimony can help the Commonwealth prove its case, Attorney DelSignore has experience arguing against this evidence at trial. He may be able to show that allegations of erratic driving from a law enforcement office or failing field sobriety tests are not enough to prove OUI beyond a reasonable doubt, resulting in a dismissal or acquittal at trial.

Excluding Breath Tests from Evidence

In some cases, Attorney DelSignore is able to investigate and discover errors in breathalyzer calibration, administration, or other issues. In order for the Commonwealth to rely on breath test results at trial, there are certain conditions and standards that must be met. A strong defense attorney like OUI Lawyer Michael DelSignore can rigorously review these test results and fight for them to be excluded if they are in any way improper. This greatly weakens the district attorney’s case against you and often leads to a dismissal or not guilty verdict.

Holding the Prosecutor Accountable When They Are Not Ready for Trial

Attorney DelSignore has also had success with having cases dismissed when the Commonwealth cannot answer “ready for trial” on the date set for a jury trial. He fights vigorously for his clients and does not agree to unnecessary or unwarranted delays to their detriment. This strong advocacy results in positive results when prosecutors are not prepared to make their case against you.

Defeating Roadblock OUI Charges

OUI Attorney Michael DelSignore is highly skilled at defending clients against OUI charges resulting from police roadblocks, also called sobriety checkpoints. For him, roadblock cases are generally quite winnable, and he has had many clients declared not guilty following a sobriety checkpoint arrest and OUI charge. Attorney DelSignore often achieves the positive results by finding flaws in field sobriety testing, showing that the roadblock was unconstitutional, or discrediting the arresting officer at trial.

If you have a CDL and are facing OUI charges, it is crucial that you act now to find a dedicated Massachusetts OUI Defense Attorney. Your profession is on the line. Do not wait to find help or trust your future to someone without proper OUI experience.

Attorney Michael DelSignore has defended people, including commercial vehicle drivers, against OUI charges in Massachusetts for over 20 years. He works across the Commonwealth, serving Suffolk County, Middlesex County, Essex County, Norfolk County, Worcester County, and Plymouth County.

OUI Defense Lawyer Michael DelSignore has a strong record of success and license preservation, and he trains other lawyers in OUI law. He has been quoted on Massachusetts OUI defense in numerous media outlets. Most importantly, Attorney DelSignore knows how crucial your CDL is to you, and he is passionate about defending your rights and career.

Contact Attorney DelSignore now to learn more about your OUI charges and options for moving forward and keeping your CDL. You can call or text (781) 686-5924 or reach out online 24 hours a day, 7 days a week.