Commercial Driver DUI
California Commercial Driver DUI Laws
If you possess a commercial driver's license (CDL), California law holds you to a higher standard for traffic offenses – including DUI. This is because larger vehicles increase the possibility of a car accident. Thus, driving under the influence is considered more dangerous while operating a commercial motor vehicle (CMV). According to California Vehicle Code § 23152(a), it is unlawful to operate any motor vehicle under the influence of alcohol or drugs. California Vehicle Code § 23152 (d) states that it is unlawful for any person to drive a CMV with a BAC (blood alcohol content) that exceeds .04%. A commercial driver is considered "under the influence" if chemical testing reveals that his/her BAC is more than .04% within three hours of operating the CMV.
According to California Vehicle Code § 15210(a), a commercial driver's license can be issued by the state or other jurisdiction. In short, a CDL allows the license holder to legally operate a CMV. According to California Vehicle Code § 15210(a), a commercial motor vehicle does not include any type of recreational vehicle. In other words, commercial motor vehicles are usually operated by employees. Because of this, commercial drivers may be at risk of losing their driving privileges and their jobs if convicted of driving under the influence.
What are the penalties for DUI?
Commercial drivers are subject to the same DUI penalties as regular drivers. If convicted of drunk driving for the first time, you may be sentenced to six months in jail and five years of probation. You may also have to pay a $1,000 fine, participate in an alcohol education program, and forfeit your driving privilege for six months. Your second DUI offense is punishable by five years of probation, at least 96 hours in a county jail, a $1,000 fine, DUI school, and a one year term of license suspension. Your third DUI offense is punishable by five years of probation, at least 120 days of incarceration, a $1,000 fine, a 30-month DUI education program, and a three-year license revocation term. Additionally, you may be labeled as a habitual offender.