Drivers of commercial vehicles are subject to a stricter standard for DUIs
When parents send their kids to school on the bus, they expect that their kids will get to school safely. Recently, a bus driver in Paradise, California was arrested because she was allegedly under the influence while transporting kids to school. The driver smelled of alcohol, was speaking loudly, and was behaving inappropriately. After both students and parents called 911, the driver was arrested for driving under the influence (DUI).
In California, the legal limit for most drivers is .08% blood alcohol concentration (BAC). This means that if your BAC is at this level or higher, then you may be arrested for a DUI. You may still be arrested even if your BAC is below the legal limit if your ability to drive is impaired by drugs or alcohol.
However, individuals who hold commercial drivers’ licenses can be arrested for a DUI with a much lower BAC. If a person is driving a commercial vehicle, then the legal limit is .04%. This standard only applies when a person is actually driving a commercial vehicle, such as a truck or a bus. A person with a commercial license who is driving their passenger vehicle is subject to the same laws as other drivers.
As a result, a bus driver who gets behind the wheel of a bus after a drink or two may be arrested if their BAC is just .04% (or they otherwise drive in an impaired manner). This law is important, because it protects others on the road from the dangers of an intoxicated driver who is driving a very large vehicle — as well as the occupants of the vehicle itself.
If a school bus driver is arrested for a DUI while transporting students, they may face additional consequences. Under California law, if you drive under the influence with a minor under the age of 14 is in the vehicle, your sentence for this crime may be increased. For a first-time DUI, this includes an additional 48 hours in jail. To prove this charge, a prosecutor only needs to show that a person was driving under the influence and that a minor under the age of 14 was in the vehicle at the time.
Alternatively, a prosecutor may choose to charge a bus driver with the crime child endangerment. This can be charged when an adult causes or permits a child to be placed in a dangerous situation — such as riding in a bus with an intoxicated driving. Child endangerment is a wobbler, which means that it can be charged as either a misdemeanor or a felony under California law. Importantly, a person cannot be subject to both the sentencing enhancement for driving with a minor AND to criminal charges.
If you hold a commercial drivers’ license, it is important to understand that heightened standards that you are held to — including a much lower legal limit for driving under the influence. A skilled DUI defense attorney Los Angeles, CA can defend you against a charge of DUI of a commercial vehicle. At the Chambers Law Firm, we are dedicated to helping Californians who have been charged with a range of DUI offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
