Are you facing charges for driving under the influence (DUI) as a commercial driver? At Los Angeles DUI Lawyer, we understand how devastating DUI charges can be for commercial drivers, especially because your livelihood depends on your ability to operate vehicles on the road.
However, try not to panic. The sooner you reach out, the sooner we can help you find the right Long Beach DUI lawyer for your case. We have decades of combined experience helping thousands of people in situations similar to yours, and we’re here for you.
Call us today to speak to a Long Beach commercial DUI lawyer. We’ll connect you with legal counsel who has handled DUI charges for commercial drivers.
What is a Commercial DUI?
A commercial DUI refers to a DUI offense that was committed by a commercial driver while operating a commercial vehicle. These cases are subject to stricter legal standards than those involving non-commercial drivers.
This is due to two main reasons:
- Increase in responsibilities when driving such a large vehicle
- Possibility of greater risks due to the size of these hazardous vehicles
Lower Blood Alcohol Concentration (BAC) Threshold
For most drivers, the legal BAC limit is 0.08%. However, for commercial drivers operating a commercial vehicle, the legal BAC limit is 0.04%, which is half the limit of other drivers.
This lower threshold reflects the higher safety standards that individuals operating commercial vehicles are required to uphold.
Defenses Against a Commercial DUI Charge
If you are facing charges for a commercial DUI, you should contact a lawyer immediately. That way, they can promptly start building a strong defense in your name.
While your commercial DUI attorney in Long Beach will determine which California DUI strategies are right for your case, these are common defenses that DUI law firms often argue when challenging charges on behalf of their clients:
- Challenge the traffic stop
- Question the accuracy of BAC tests
- Highlight procedural violations
- Argue your lack of impairment
Penalties for a Commercial DUI
The penalties for driving under the influence (DUI) in California can be severe, and they may include the following consequences:
- Fines
- Jail time
- License suspension or revocation
- Probation
- Completion of a DUI education program
How Does a DUI Affect a Commercial Driver’s License?
The consequences of a DUI conviction often extend beyond standard penalties. For commercial drivers, a DUI may cause the following repercussions:
- Commercial driver’s license (CDL) suspension or revocation based on your conviction
- Loss of employment due to zero-tolerance DUI policies
- Increase in your insurance premiums and overall cost of coverage
Can I Lose My CDL for a DUI in My Personal Vehicle?
Yes—you can lose your CDL for a DUI in your personal vehicle. Commercial drivers are held to a higher standard because they operate large and potentially dangerous vehicles.
Even if the DUI occurs while driving your personal car instead of a commercial vehicle, it can still affect your CDL privileges if you work as a commercial driver. A first offense can result in a suspension of your CDL for one year.
Meanwhile, subsequent offenses can lead to a lifetime disqualification as a commercial driver, though some states may allow you to be reinstated after 10 years. However, many states operate under the perspective that off-duty conduct can have serious consequences.
How Long Does a DUI Stay on My Record?
In California, a DUI will usually remain on your driving record for 10 years, but its implications for those with CDLs can last even longer. During this time, the DUI will be visible to employers, insurance companies, and regulatory agencies alike.
In turn, your DUI charge could potentially impact your career—not to mention your insurance rates. For CDL holders, the consequences can also include a permanent record with the Federal Motor Carrier Safety Administration (FMCSA), which tracks violations nationwide.
This can affect your ability to obtain or maintain employment as a commercial driver. While other states may have varying rules for how long a DUI impacts your record, the majority of U.S. states maintain strict oversight for CDL holders.
Can I Appeal a CDL Suspension?
Yes—you can appeal a CDL suspension by requesting a DMV hearing and working with an attorney to challenge the suspension. The appeals process typically involves filing a request within a specific timeframe.
This is usually somewhere between 10 and 30 days of receiving notice of your suspension. Then, during the hearing, your attorney will likely present evidence of your claim and make arguments that demonstrate why the suspension should be overturned.
Here are a few possibilities your legal counsel may explore:
- Challenging the validity of the traffic stop
- Questioning the accuracy of breathalyzer or blood test results
- Presenting mitigating circumstances
If the DMV hearing does not result in a favorable outcome, you may have the option to take the matter to court for further review. While appealing a suspension can be time-consuming, it is worth the effort.
Will a DUI Affect My Employment as a Commercial Driver?
Yes—a DUI will likely affect your employment as a commercial driver. This is because a lot of employers have strict policies regarding DUIs. They may decide to terminate your employment status if you are convicted of driving under the influence.
It’s not uncommon for trucking companies to conduct regular background checks and have zero-tolerance policies for DUI offenses, even if the incident occurred in a personal vehicle. Additionally, some employers may deem you a financial burden on the company.
For example, they might not be willing to risk higher insurance premiums. They may not wish to subject themselves to regulatory scrutiny as a result of employing a driver with a DUI, either. So, if you lose your current job, finding new employment as a commercial driver might be difficult.
Can I Expunge a DUI From My Record?
Yes—in some cases, you may be eligible to expunge a DUI conviction from your criminal record. That said, it’s important to understand that this action does not remove the offense from your driving record altogether.
Expungement is simply a legal process that lets you withdraw a guilty plea—or verdict—and replace it with a dismissal. Expunging a DUI from your record can improve your chances of passing background checks for certain non-driving jobs.
However, the DUI will still appear on your driving record, and it can continue to affect your CDL status for years to come. It’s also important to understand that both the eligibility criteria and the full process of expungement vary by state.
Reach Out to Our Long Beach Commercial DUI Law Firm for Legal Representation
A commercial DUI charge is a serious matter. Anyone facing these charges should seek legal guidance from a law firm with experience representing people in your position.
But why choose us? At Los Angeles DUI Lawyer, we can help you find a commercial DUI lawyer in Long Beach who knows how to represent people facing DUI charges and advocate for your rights. Call now to learn more about what we can do for you.