The law sets strict limits and sets harsh punishments for anyone with a commercial driver’s license who drinks and drives.
Across California, we rely on truck drivers and others with commercial drivers’ licenses (CDLs) to move goods, get our kids to school, transport cars, haul away waste and build homes, roads and more. Without a doubt, people who hold CDLs are essential to our economy — but what happens if they are caught drinking and driving?
Anyone with a CDL who is arrested for driving under the influence of alcohol or drugs faces very severe consequences, which may include ultimately losing their career. The law treats people with CDLs differently, and for good reason: commercial vehicle drivers must be held to a higher standard of safety because of the size of their vehicles and the amount of time that they spend on our roadways.
If you have a CDL and are charged with a DUI, you need a tough, smart lawyer to help defend you against the charges. An Orange County DUI attorney can evaluate your case, come up with potential defenses, and negotiate a favorable deal. Learn more about the law regarding DUIs for California DUIs.
California Law on CDL DUIs
California treats drivers with CDLs differently in two key ways. First, CDL drivers are subject to a lower blood alcohol content (BAC) level when driving their commercial vehicles, which means that even if a CDL holder hasn’t reached the legal limit for non-commercial drivers of .08 percent, he or she can still be charged with a DUI. Under California law, it is a crime to operate a commercial vehicle with a blood alcohol content (BAC) of .04 percent or higher or while under the influence of any drug. Importantly, this lower level only applies to a CDL driver who is operating a commercial vehicle while under the influence. If a school bus driver drives his or her own car after having a few beers, then the .08 percent limit will apply.
Second, even if a CDL driver wasn’t driving a commercial vehicle when arrested for a DUI, his or her CDL will still be suspended for any DUI offense. You will still face the usual DUI consequences, such as probation, fines, DUI school, licenses suspension and potential jail time. But you will also have your commercial license suspended for one year if you are convicted of driving under the influence of alcohol or drugs. This means that both your regular and your commercial driver’s license will be suspended — and for most people with CDLs, this means that they will be unable to work. You cannot obtain a restricted CDL; it is completely suspended for one year. If you are convicted of two or more California DUIs, you will lose your CDL for life.
The different laws that apply to commercial drivers make it so important that you never drink and drive if you have a CDL. You could lose your career or your ability to work for a year or longer if you get a DUI, even if you aren’t driving your commercial vehicle. If you are arrested for a DUI while driving a commercial vehicle or when you hold a CDL, you will need an aggressive Orange County DUI attorney to defend you against these charges and protect your right to drive and to work.
Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation on your California commercial DUI case. We are skilled at handling all types of DUI cases, and we know how to formulate defenses to these charges and get them reduced or dismissed whenever possible.
