If you drink and drive and hold a commercial driver’s license, you may be putting your future in jeopardy.
Drinking and driving is never a good idea, regardless of who you are. Even just a few drinks can put you over the legal limit — and jeopardize your freedom and your future. California has stiff penalties for driving under the influence of alcohol or drugs — and the penalties are far more significant if you hold a commercial driver’s license (CDL).
Under California law, residents who hold a CDL face increased penalties, including the suspension of your CDL. There is a lower blood alcohol content (BAC) limit for drivers with CDLs as well, meaning that it is far easier to be over the legal limit if you hold a CDL than if you do not. Even if you are not driving your commercial vehicle when you are caught drinking and driving, you could still face these additional penalties, including the ultimate loss of your career.
Who Holds a Commercial License?
If you drive certain vehicles in the state of California, you are required to have a commercial driver’s license. A commercial vehicle includes many large vheciles, such as a school bus, a tank, a passenger vehicle that carries more than 10 people, a heavy weight vehicle (over 26,0001 pounds) that tows a vehicle over 10,0001 pounds and any vehicle that carries hazardous substances. If you want to have a career driving any of these types of vehicles, then you will be required to apply for and obtain a CDL.
However, not all large vehicles or vehicles that carry passengers for hire are commercial vehicles under California law. This includes taxis, any cars used for Uber, Lyft or other ride-sharing services, certain agricultural vehicles and RVs.
The important thing to know is that if you have a commercial driver’s license, California law imposes two different restrictions on you: a lower blood alcohol content limit and additional penalties if you are convicted of drinking and driving.
Lower BAC for Driving Commercial Vehicles
As a general rule, most drivers in California are subject to a blood alcohol content limit of .08 percent (provided that they are over the age of 21 and not on DUI probation). However, if you are driving a commercial vehicle with a CDL, the legal limit is .04 percent. If your BAC is .04 percent or higher and you are driving a commercial vehicle, you will be arrested. This only applies to people who are driving commercial vehicles while intoxicated — not to people who have CDLs and are arrested while driving a non-commercial vehicle while under the influence.
This restriction may seem harsh, but it makes sense. If a bus driver is under the influence or someone driving an extremely large or heavy vehicle is driving while intoxicated, the potential consequences are huge. There is a much higher chance of injuring a large number of people or causing fatalities if a commercial vehicle is involved in an accident.
Loss of CDL
While the lower BAC only applies to people who are driving commercial vehicles at the time of their arrest, if you have a CDL, any DUI arrest will result in a suspension of your CDL. It does not matter if you are in your personal, non-commercial vehicle at the time that you are arrested; if you hold a CDL and you are convicted of a DUI, your CDL will be suspended for a period of one year. This is a potentially massive consequence for anyone who relies on their CDL to make a living.
In addition, you will face the typical penalties for a California DUI: probation, fines, mandatory DUI classes, license suspension and possible jail time. Both your regular and commercial driver’s license will be suspended. Because you cannot get a restricted CDL, you may not be able to work for the entire time that your CDL is suspended. If you get a second DUI, you will lose your CDL for life.
If you hold a CDL and have been arrested for driving under the influence, you need the best possible legal defense to preserve your freedom and your livelihood. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you if you’re a commercial driver who has been charged with a DUI.
