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.

Important Definitions

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.

Commercial Driver DUI Penalties

While commercial drivers are subject to the same penalties as other drivers, the driver's license restrictions can be more severe. For instance, commercial drivers cannot obtain a restricted driver's license after a DUI conviction. Standard DUI penalties can allow the motorist to obtain a restricted license to drive to and from work. Commercial drivers are not given this allowance.

Additionally, a commercial driver may be subject to these penalties even when he/she is not operating a commercial vehicle; the driver is held to a stricter legal standard simply by possessing a CDL. You may lose your commercial driver's license for one year if you are convicted of any of the following offenses. If convicted of multiple offenses, you could lose your CDL permanently:

Operating any vehicle with a BAC that exceeds .08%

Operating a commercial vehicle with a BAC that exceeds .04%

Operating a CMV with a BAC that exceeds .04% and injuring another person

Santa Barbara DUI Defense Attorney

For many commercial drivers, a CDL is a means of income and livelihood. Losing your license for a year could cost your job, but losing your license for a lifetime could be devastating. If you are a CDL license holder and were arrested for driving under the influence, contact our Santa Barbara DUI lawyers today. We can help you protect your freedom, reputation, and job in court. Call our office today and ask us about a free case evaluation. The sooner we hear from you, the faster Lessem, Newstat & Tooson, LLP can create an effective strategy to fight for you in court.