In California, any DUI (driving under the influence) charge can affect your commercial driver’s license (CDL). However, if you are actually driving a commercial motor vehicle during your DUI arrest, you face much stricter laws than you would in a private vehicle. CA Vehicle Code 23152 (d) – Commercial Vehicle DUI is the law that enforces these restrictions.
If you are a commercial driver in California and facing driving under the influence charges, you can review your legal options with a Los Angeles DUI lawyer. The sooner you secure legal representation, the sooner you can have a lawyer protecting your rights and seeking a favorable outcome. Call or contact us online for a consultation.
Why the BAC Is Lower for California’s Commercial Drivers
The main difference between California Vehicle Code § 23152(d) and other DUI laws is the blood alcohol threshold or “legal limit.” In non-commercial vehicle DUI cases, drivers are impaired if their blood alcohol content level (BAC) is .08% or above or if they show clear signs of impairment. For commercial vehicle drivers, however, the BAC is only half that —.04%.
This blood alcohol level limit is so strict that many people would be in violation after having just one alcoholic drink. In fact, you could be over .04% even if you feel sober the morning after a night of drinking.
This lower threshold reflects the increased responsibility that commercial drivers bear and the potential consequences of operating large vehicles under the influence of drugs or alcohol. As such, even a small amount of alcohol, which might be legally permissible for drivers in personal passenger vehicles, can lead to serious legal consequences for those holding a commercial driver’s license.
What Are the Penalties, and How Does This Law Affect My CDL?
On its own, the criminal penalties for commercial vehicle DUI cases are similar to those for other DUI laws and include:
- Jail time (up to six months for a first DUI offense)
- DUI classes (typically 3 months for a first offense)
- Fines of up to $1000
- 3-5 years’ probation
Moreover, the court may impose community service requirements, vehicle impoundment, and the installation of an ignition interlock device on all vehicles registered to individuals with DUI convictions. These additional penalties emphasize the seriousness with which California treats DUI offenses involving commercial drivers.
However, California also has special safety rules for anyone who holds a commercial driver’s license. Under these license suspension rules:
- You will lose your CDL for 1 year for a first DUI.
- You will lose your CDL forever if you have prior DUIs.
These legal penalties apply whether you are convicted under VC 23152(d) or a different DUI law, and they apply even if you were not driving a commercial vehicle during your arrest.
How a DUI Affects Commercial Drivers in California
Because of the strict rules around CDLs, commercial motor vehicle drivers can struggle in various areas of their lives after a DUI charge. The .04% threshold can lead to a felony conviction, and even a first-time offense can effectively put them out of work for a year.
Even a temporary loss of a CDL can devastate a commercial driver’s career and financial stability. Without a license, drivers cannot earn income from their jobs, leading to significant personal and family hardships. These consequences show the higher standards professional drivers are expected to meet and the critical nature of their roles in public safety, especially when on California’s roads.
Substance Use and Commercial Drivers
This situation can get even more complicated if it involves substance use. Caffeine pills and other stimulants, which long-distance truckers often use to get through long shifts, can count as a DUI involving drugs.
These substances can affect a driver’s alertness and reaction time, which are essential for operating a vehicle safely. Given the various substances that can lead to a DUI charge, commercial drivers must be fully aware of what they consume before or during their driving shifts.
This includes physician-prescribed substances, which are among the medications that affect driving. Pain relievers, antidepressants, and blood pressure medication are just a few examples that can affect the legal blood alcohol limit for a commercial operator.
Getting Help From a DUI Attorney Can Help Protect Your Future
If you have been charged with driving a commercial motor vehicle while impaired, you can meet with our DUI lawyers, who can help you take your next steps. Our legal professionals will protect your rights and determine how to address the charges against you.
With so much on the line and the severe penalties you could receive, it is worth considering how you can resolve your case while avoiding the worst of consequences.
Legal representation can help mitigate the consequences of a DUI arrest and potentially protect your commercial driver’s license. A criminal defense attorney with experience in DUI law can navigate the complex legal landscape, possibly reducing penalties or achieving a dismissal of charges.
Common Defenses in Commercial Vehicle DUI Cases
Defending against a DUI charge involving a commercial vehicle can be complex, given the stricter standards and harsher penalties. However, DUI attorneys with experience use common defenses to challenge their clients’ charges. Some typical defense strategies include:
- Lack of probable cause for arrest: Beyond the initial traffic stop, if the arrest itself was made without probable cause—meaning the officer did not have enough evidence at the time to reasonably suspect a DUI—your charges might be dropped.
- DUI of drugs defense: For commercial drivers using stimulants or other substances, proving that these did not impair the driver’s ability to operate the vehicle safely can be a key defense, especially if the substances were used within legal and medical guidelines.
- Rising Blood Alcohol: The rising BAC defense in a DUI case is based on the timing of the BAC test. It takes time for the bloodstream to absorb alcohol, so it is possible that a driver’s BAC was under the legal limit while driving but rose to or above the limit by the time the test was administered.
- Medical conditions: Certain medical conditions can affect BAC results and lead to false readings. Conditions like diabetes or gastroesophageal reflux disease (GERD) can sometimes produce mouth alcohol, which might lead to falsely high BAC readings. Our attorney can argue that such a condition influenced the BAC result.
- Faulty BAC testing equipment: This defense involves questioning the accuracy and maintenance of the breathalyzer or other testing equipment used to measure blood alcohol concentration. If the chemical test or blood test device was not calibrated or maintained according to state regulations, its results could be contested.
- Inaccurate field sobriety test results: Various factors can affect a commercial driver’s performance on these tests. Other factors that could lead to a faulty or unreliable test include tiredness, medical conditions, or a police officer failing to administer the test according to proper procedure. This includes giving the wrong instructions, not demonstrating how to perform the tasks, or failing to account for the driver’s physical abilities.
- Mistaken identity: In some cases, particularly where multiple individuals were in a vehicle, it might be questioned who was actually driving at the time of the alleged offense.
- Each of these legal defenses requires detailed evidence, including witness testimony, photo and video footage, police reports, and more. Commercial drivers should seek competent legal representation from a criminal defense lawyer when they face DUI charges.
Call Today for Legal Help With a Commercial Vehicle DUI
If your commercial license is in jeopardy because of a DUI, our Los Angeles DUI lawyers can represent you and work to shield you from harsh criminal penalties. CA Vehicle Code 23152 (d) – Commercial Vehicle DUI is a serious offense, so getting legal representation to fight your case is a smart move.
Review your options with our team today. Call or contact us online to get started during a free consultation.
