If you hold a commercial driver’s license, any arrest for driving under the influence can result in more than just penalties or DUI classes — it can mean losing your livelihood.
It’s never a good idea to drive while under the influence of alcohol or drugs. But if you hold a commercial driver’s license, the penalties are much more severe — and can even result in the loss of your career.
Any Californian with a Commercial Driver’s License (CDL) should be aware that there are two ways in which the law treats them differently when it comes to DUIs: with a lower blood alcohol content requirement when driving a commercial vehicle and a suspension of your CDL for any DUI. These differences have a significant in whether you can be charged with a DUI in the first place and your ability to work in your chosen field. This is true whether or not you were driving a commercial vehicle at the time of your arrest — if you hold a CDL, you will lose if it you are arrested for a DUI not involving a commercial vehicle.
What Is A Commercial Vehicle?
California requires drivers of certain commercial vehicles to hold special licenses, known as Commercial Driver’s Licenses, or CDLs. For purposes of California’s DUI law, commercial vehicles includes the following:
- A school bus
- A tank
- A passenger vehicle that carries more than 10 people (including the driver)
- A vehicle with a weight of over 26,001 pounds that tows a vehicle of over 10,001 pounds
- A vehicle that carries hazardous substances with a placard.
However, other vehicles that are large in size or used for commercial purposes do not require a CDL. This includes recreational vehicles (RVs), taxis, cars used for Uber or other ride-sharing services, and agricultural vehicles (if operated by a person who is not required to have a driver’s license to drive it).
If you operate one of the above-listed vehicles, you will likely need a CDL —and will be subject to different laws based on this fact.
Lower Blood Alcohol Content
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. The BAC level is far lower than the BAC level for noncommercial vehicles, which is .08 percent. If you are stopped while driving a commercial vehicle and your BAC is .04 percent or higher, you will be charged with a DUI. This lower BAC only applies to drivers who are operating a commercial vehicle at the time of their arrest — not to drivers of noncommercial vehicles who happen to hold CDLs.
Loss of CDL
In addition to the lower BAC level for drivers of commercial vehicles, any driver with a CDL faces suspension of that license for any DUI charge — regardless of whether or not he was driving a commercial vehicle at the time that he was stopped.
If you’re charged with any California DUI as a commercial driver, you will face the usual penalties: probation, fines, mandatory DUI classes, license suspension and possible jail time. But in addition, if you hold a CDL, your commercial license will be suspended for one year. This is true no matter what type of vehicle you were driving at the time of your arrest. Your regular driver’s license will be suspended for a period of time, and your commercial driver’s license will also be suspended. Unlike with a regular driver’s license suspension, you cannot get a restricted CDL — so you cannot work for the length of your suspension. If you are convicted of two or more DUI offenses, you will lose your CDL for life.
The penalties for a DUI for anyone holding a CDL are incredibly harsh and can have an extremely negative impact on your life. Whether your case involves driving a commercial vehicle with a BAC of .04 percent or higher or a DUI in a noncommercial vehicle, an experienced Long Beach DUI lawyer can analyze your DUI case to determine if there are any possible defenses to your case. Having a skilled DUI attorney can make the difference between keeping your CDL — and your livelihood — and losing it. 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.
