Commercial drivers are responsible for hauling heavy and dangerous cargo, so they are held to a higher standard than other drivers. Specifically, DUI laws for commercial drivers are much stricter, meaning even just one drink could put you over the legal limit, resulting in a commercial DUI.
If you have a commercial driver’s license (CDL) and are currently facing a drunk driving charge, you need a competent Hawthorne DUI lawyer on your side. The DUI penalties for commercial drivers are much harsher, and the impact on your career and professional reputation can be enormous.
Contact Los Angeles DUI Lawyer today, and we can connect you with a Hawthorne commercial DUI lawyer.
Why You Need a Commercial DUI Attorney
A commercial DUI is a serious matter and warrants a serious legal response. An experienced commercial DUI attorney can defend you against drunk driving accusations and mitigate the worst consequences of a conviction.
Many people who receive DUI charges have never been charged with a crime in their lives, so they are understandably scared and confused. An attorney can provide critical legal guidance and be a source of moral support as you navigate the criminal justice system.
A criminal charge is just a charge and not a conviction. You have the right to face your accusers in court, and a DUI attorney can stand in your corner. An attorney can mean the difference between a dismissed charge and the maximum penalty, so don’t hesitate to secure a professional’s assistance.
Commercial DUI Definition in California
According to California Vehicle Code 23152(d), a person is guilty of a commercial DUI if they operate a commercial vehicle with a blood alcohol content (BAC) level of 0.04% or greater. The law defines a commercial vehicle as any vehicle used for the purpose of transporting people or property for money.
The 0.04% BAC threshold is notably lower than the 0.08% BAC limit for non-commercial drivers. The limit for commercial drivers is lower because they are more capable of causing severe damage when they drive impaired. As such, the law has elected to take a low-tolerance approach to commercial drunk driving.
Legal Consequences of a Commercial DUI in Hawthorne
The consequences of a commercial driver’s license DUI in California can include:
- A one-year CDL suspension
- Up to six months in jail
- A fine of up to $1,000
- Installation of an ignition interlock device
- Mandatory substance abuse counseling
Overall, the penalties for a CDL DUI are largely the same as those for a non-CDL DUI, except that the license suspension period is one year instead of only six months. A second commercial DUI within ten years can trigger a permanent suspension of your CDL.
CDL holders operating non-commercial vehicles must abide by the standard 0.08% BAC limit. However, if you get a DUI in a non-commercial vehicle, it could still result in CDL penalties. That means your CDL license could be suspended, even if you were driving your own personal car.
Other Consequences of a Commercial DUI
The consequences of a DUI can be particularly severe for CDL holders. Commercial drivers may lose their jobs and have difficulties finding employment. Many companies have policies against hiring drivers with CDL violations, and a CDL DUI can vastly increase your insurance rates.
Needless to say, the financial consequences of losing employment can be disastrous. A Hawthorne commercial DUI lawyer can work to shield you from the worst consequences and safeguard your freedoms and privileges.
Legal Defenses to Commercial DUI Charges
Every criminal case is unique and requires a personally-tailored defense strategy. That being said, there are several general strategies your attorney can use to defend against a commercial DUI charge:
- Illegal stop. Police in California must have reasonable suspicion to pull over a vehicle. If the police performed an unlawful stop, any evidence they gathered, including breathalyzer tests, could be thrown out of court.
- Faulty breathalyzer test. Breathalyzer tests are generally accurate but not foolproof. Breathalyzers can give false readings if the equipment is damaged or if the police don’t administer the test properly.
- Evidence mishandling. DUI evidence, like blood samples or chemical tests, must go through strict evidence handling procedures. Errors in processing can result in evidence being suppressed in court.
What to Do if You Get Arrested for a Commercial DUI
Being arrested and charged with any crime is a scary experience, especially a DUI. But it’s important to keep a clear head and take proactive steps to defend yourself. Below are some of the most important things to do after a commercial DUI arrest:
Remain Calm and Stay Silent
You must provide basic identifying information when asked, but you don’t have to answer questions about your conduct. It’s important to remain calm as your arrest conduct could affect how the case proceeds.
Request an Administrative Hearing
California law gives you ten days to request a DMV hearing to determine if they will suspend your license. During the hearing, you can present evidence and witness statements to defend yourself against the charges.
Talk to a Commercial DUI Attorney
You should also contact a commercial DUI attorney ASAP. They can start building your defense and represent you during any court proceedings and hearings. An attorney can also negotiate with the prosecution to reduce charges and secure a lighter sentence.
Contact a Hawthorne Commercial DUI Lawyer Today
If you are currently facing a commercial DUI, you need a lawyer who will use every strategy to secure victory. Contact Los Angeles DUI Lawyer today, and we can put you in touch with a commercial DUI attorney in Hawthorne.
Fact Checked
