There are several various ways in which The State of Florida defines a commercial vehicle. A vehicle with a weight heavier than twenty-thousand pounds, for registration purposes, is said to be commercial, while any vehicle designed to transport more than fourteen passengers is designated as commercial, too.

In Florida, a driving under the influence (DUI) charge for a commercial driver and vehicle is handled different than a regular DUI. One of the main differences is that Florida law has enacted certain standards for commercial vehicle operators, which call for zero tolerance with respect to blood alcohol level. Thus, even though a commercial operator may be well below consideration as to actual impairment, with a blood alcohol content level of even the low .01, a commercial operator could be arrested and charged with a DUI charge. In addition, and as a direct result of that same law, penalties, fines and charges are also higher at .04 or above for commercial vehicle drivers. Thus, it is easy to understand that the stakes are high for commercial operators who have been charged with a DUI – careers and livelihood are on the line. Convicted commercial drivers run the risk of losing their driving privileges permanently.

If you or a loved one have been charged with a commercial DUI charge, it is important that you immediately discuss your rights with an experienced Palm Beach DUI Attorney. The attorneys at Musca Law are prepared to walk you through the options.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.