Commercial Drivers are held to a higher standard for DUIs in California. As a commercial driver, a DUI could mean the end of your career.
While under the influence of drugs or alcohol, it is illegal to drive a commercial vehicle. In the State of California, Commercial drivers pose a great threat if not operated properly.
With this in mind, truck drivers and others who operate a vehicle with a CDL (Commercial Driver’s License), have different expectations in the eyes of the law as applied to drunk driving. Since CDL drivers operate machinery that can have a serious threat to the public if mishandled (such as a school bus), the law is more strict.
Two Major Differences
Those with a regular license to drive and those with a Commercial Driver’s License (CDL) face different regulations and consequences if arrested driving while intoxicated.
1. Blood Alcohol Level
In all states, the legal limit for blood alcohol level (BAC) is .08. However, if you are driving a commercial vehicle, the standard is significantly lower at .04. Drivers are more likely to obtain a DUI arrest with a lower BAC standard, as it takes fewer drinks to put you over the legal limit.
2. License Suspensions
In addition to a lower BAC, the State of California views license suspensions differently as well.
A first DUI conviction for driving a non-commercial vehicle results in a 6 month license suspension. A first conviction for driving a commercial vehicle, however, carries a suspension of your commercial license for an entire year. A second DUI conviction for driving a commercial vehicle can lead to a lifetime revocation of your commercial driver’s license.
License Suspension for DUI
A DUI while driving a commercial vehicle can also result in a typical suspension of your non-commercial license as well.
If you have a commercial license and are convicted for DUI while driving a commercial vehicle, your commercial license will be suspended for one year. Your non-commercial license will also be suspended for six months. A subsequent DUI while driving a commercial vehicle will result in a permanent revocation of your commercial license, and a two year suspension of your non-commercial license.
What makes a “Commercial Driver”?
Anyone who operates a commercial vehicle is held to the stricter standards for DUI. A commercial driver drives a “commercial vehicle.” This is a vehicle that requires a Class A or Class B license to drive, or a Class C license with certain endorsements, though does not include recreation vehicles or certain types of farming equipment.
Successful Defense Can Be Critical to Your Livelihood
Needless to say, if you have a commercial driver’s license, you want to keep your ability to earn a livelihood.
A license suspension is not only an inconvenience, it’s a massive life obstacle that prevents you from making any money for yourself or your family.
Successfully defending against a license suspension, for a commercial driver, is one of the most important things you can do to save your career. Hiring an experienced DUI attorney with knowledge in both criminal and DUI defense can be one of the best decisions you make. Only the best criminal defense attorneys in California work for Kavinoky Law Firm. We defend against DUI charges, and will protect your interests.
Call our law office at 1.800.NO.CUFFS for a free consultation.
