Getting a Driving Under the Influence (DUI) charge while you have a Commercial Driver’s License (CDL) will result in additional penalties beyond a normal DUI. For a first-offense DUI in California, your CDL will be suspended for one year, though you can apply for a restricted license.
If you get a second DUI conviction, your CDL will be permanently revoked. For a commercial driver, this means the end of their career. Yet many trucking companies will refuse to hire you as soon as you have one, so you must fight back.
In addition to these extra penalties, you’ll face the usual penalties for DUI, so you’ll want to fight your charges with the help of a Los Angeles DUI lawyer. An experienced attorney can combat your charges and offer more information on how getting a DUI can affect your commercial driver’s license (CDL).
Penalties for DUI That Affect a Commercial Driver’s License
All DUI convictions in California include potential jail time, fines, a suspended or restricted license, and mandatory DUI school. Unfortunately, CDL drivers can face more severe penalties than regular drivers. Getting a DUI can affect your commercial driver’s license in the following ways:
- License suspension: After a DUI conviction, your CDL will be suspended for one year.
- No restricted driving privileges: Most drivers convicted of a DUI can apply for a temporary restricted license that lets them drive to and from work. Unfortunately, you cannot apply for a restricted CDL. In this case, there is no exception for transportation to and from work, even though your job depends on driving.
- Possible loss of your license: If this is your second DUI conviction, your license could be permanently revoked.
If you drive for a living, having your CDL suspended means you will lose your job. To make matters worse, even after the one-year suspension is over, you could face the following difficulties:
- Prohibited from commercial driving: Even if your CDL is reinstated after a first offense DUI, you may be barred from being a commercial driver. Employers are allowed to ask about your criminal record, and if you have a DUI conviction, even from years ago, they may hold it against you.
- Increased insurance rates: Another unwanted outcome you might experience is increased insurance rates. Insurance rates almost always go up after a DUI. If you own your commercial vehicle, this may make it impossible to continue to operate as a driver.
As you can see from the penalties above, getting a DUI can negatively impact your life immensely if you have a CDL. Instead of letting one mistake ruin your career and livelihood, hire an experienced DUI lawyer. They can represent you and work to get your charges reduced or dismissed.
How DUI Law Works for Commercial Drivers
Under California Vehicle Code (CVC) § 23152, driving with a blood alcohol content (BAC) of .08% or higher is illegal. Because commercial drivers often drive larger vehicles, sometimes with hazardous cargo, the law holds them to a higher standard.
As further defined in CVC § 15210, commercial drivers are under the influence when their BAC is .04% or more, half the amount for regular drivers. Thus, while in theory, this law is meant to ensure that deadly accidents don’t happen, in reality, it only creates a double standard that unjustly punishes responsible commercial drivers.
Understanding the “Legal Limit” Double Standard
Let’s say two friends meet at a bar. One is a semi-truck driver, and the other does roofing. They watch a game on TV and have a couple of beers. When the game ends, they head home. The truck driver is in his regular car, not his big rig.
On the way home, one goes a little over the speed limit and gets pulled over. The officer asked him to take a roadside breath test; the result was 0.06%. If the roofer got pulled over, he would be free to go. He’ll most likely just be issued a speeding ticket. If it were the truck driver, he would get arrested for DUI on the spot.
This double standard cannot be dodged under California law. Unfortunately, blowing a 0.04% on a breath test is very easy. It can be the result of just one drink. You could even blow 0.04% the morning after a night of heavy drinking when you feel perfectly sober. Most people with this level of alcohol in their system do not feel drunk.
Does the Class of a Commercial Driver’s License Matter for DUI Penalties?
There are two classes of CDLs in California: class C and class B. Class C commercial drivers operate smaller vehicles such as:
- School buses
- Double trailers
- Passenger vehicles that carry ten or more people
- Tank vehicles
Class B drivers typically drive larger trucks that deliver cargo across the state or country. The penalties outlined by the CVC don’t apply to anyone with a specific class of CDL. In general, both class B and class C CDL holders will face the same types of penalties.
Defenses Against a DUI for Commercial Drivers
It is possible to fight a DUI charge and, in many cases, win. There are several approaches your DUI lawyer can take when combatting impaired driving charges. The most common is to object to the accuracy of the breathalyzer or blood test used to assess your blood alcohol level.
This is a very effective tactic in CDL cases because so many of them involve low BAC levels. In addition, chemical tests have a margin of error, and that margin could make the difference between DUI and freedom. A skilled attorney will know these facts and use them to your advantage.
A lawyer can also investigate to determine if the lab or machine processing your blood or breath test has a history of making errors. By doing so, your attorney may be able to get the blood or breath test evidence thrown out, which would be a huge victory for your case.
Lastly, a lawyer may challenge whether the arrest was legal. That said, there are dozens of other strategies for beating a DUI that can be used. A skilled attorney can review your unique situation, determine which defense strategy will work best for you, and answer any questions you have about how a first-offense DUI will affect your commercial driver’s license.
How a Los Angeles DUI Attorney Can Help You
There are several steps an experienced attorney can take to combat your DUI charges and protect your CDL license. Here’s what a lawyer can do to improve your chances of winning your DUI case:
- Investigate your DUI arrest and gather evidence for your defense case.
- Analyze evidence and develop a defense strategy.
- File important court documents and motions.
- Negotiate a plea bargain with prosecutors.
- Represent you in court if your case goes to trial.
- Present witness testimony, solid evidence, and compelling legal arguments in court.
- Provide accurate and effective legal advice throughout your case.
- Explain how getting a DUI can affect your commercial driver’s license.
Having a committed DUI lawyer to take these steps on your behalf can make the difference between a conviction and dropped charges. No matter how serious your case is or how many DUI offenses you’ve been charged with, you can count on a dedicated attorney to do everything possible to get a favorable outcome.
Learn More About How a DUI Will Affect Your Commercial Driver’s License
If you have a CDL and are arrested for DUI, your career and future could be in jeopardy. You only get one chance after a first-offense DUI with a CDL to legally drive these vehicles in the future. Fighting the charge is the only way to keep your job and ability to earn a living.
Contact us today to learn more about your rights and legal options after a DUI arrest. A Los Angeles DUI lawyer can explain how getting a DUI can affect your commercial driver’s license (CDL). They’ll also answer any questions about your case and provide any information you need to get started on your DUI defense.
