If you’re facing a commercial DUI charge, you may be feeling overwhelmed and uncertain about your future. A San Diego DUI lawyer can defend your rights and protect that future.
A commercial DUI doesn’t just threaten your ability to drive–it threatens your career prospects and financial stability. In the wake of receiving such a charge, the potential consequences may feel crushing.
Fortunately, you don’t have to fight this battle alone. Los Angeles DUI Lawyer can connect you with a San Diego commercial DUI lawyer who can handle your case and help you preserve your career.
What Is the DUI Law for Commercial Drivers in California?
California holds commercial drivers to a higher standard when it comes to DUI laws. For most drivers, the legal blood alcohol concentration (BAC) limit is 0.08%. However, according to the California Driver’s Handbook, the legal limit for drivers operating a commercial vehicle is 0.04%.
Commercial drivers caught with a BAC of 0.04% or higher while operating a commercial vehicle may face serious charges, including the suspension of their commercial driver’s license (CDL).
A commercial DUI lawyer in San Diego can help you fight these charges.
What Is the 3-Hour Rule for a DUI in California?
The “3-hour rule” refers to the presumption that a breathalyzer taken within three hours of driving can accurately reflect the driver’s BAC at the time they were operating the vehicle.
California Vehicle Code Section 23152(b) allows prosecutors to use test results obtained within this timeframe as evidence in DUI cases.
Is Driving Under the Influence of Marijuana Illegal in California?
Yes, drug-impaired driving is illegal in California. Even though recreational marijuana use is legal for adults, operating a vehicle while impaired by marijuana remains a criminal offense
Unlike alcohol, there is no established legal limit for marijuana impairment. Instead, law enforcement relies on observations, field sobriety tests, and toxicology reports to determine impairment. A San Diego marijuana DUI lawyer can help if you get charged as a commercial driver.
What Are the Commercial DUI Penalties in California?
The penalties for a commercial DUI in California are severe. They can include:
- License Suspension: A first-time commercial DUI can result in a one-year suspension of your CDL. A second offense typically leads to a lifetime disqualification.
- Fines and Fees: DUI convictions come with hefty fines, court fees, and administrative costs.
- Probation: You may be placed on probation and made to comply with strict conditions.
- Mandatory DUI Classes: Attendance at DUI education programs is often required.
- Jail Time: Depending on the circumstances, jail time may also be imposed.
What Is the Most Likely Outcome for a First-Time DUI in California?
For first-time DUI offenders in California, penalties can include license suspension, fines, probation, and mandatory DUI classes. Commercial drivers can face additional consequences, such as the suspension of their CDL, even if the DUI occurred in a personal vehicle.
The specific outcome of a first-time DUI case will depend on factors such as your BAC level, whether any accidents occurred, and the quality of your legal representation.
What Is the Best-Case Scenario for a First-Time DUI?
A best-case scenario for a first-time DUI offense typically involves several key elements:
- Clean Record: Having no previous criminal history or traffic violations
- Borderline BAC Levels: Blood alcohol content just slightly above the legal limit
- No Accident or Injuries: Cases without property damage or harm to others
- No Procedural Issues: No problems with how evidence was collected or processed
- Completion of Alcohol Education Programs: Voluntary enrollment before court dates
- Cooperation With Authorities: Respectful behavior during the arrest process
In favorable circumstances, a first-time DUI charge can result in:
- Reduced Charges: Negotiation to a lesser offense like “wet reckless” or a non-DUI traffic violation
- Minimal Penalties: Lower fines, shorter license suspension periods, or reduced community service
- Diversion Programs: Participation in court-approved programs that may lead to dismissal upon completion
- Restricted Driving Privileges: Obtaining a restricted license for essential travel like work or school
- Expungement Possibilities: Eligibility to clear your record after completing all of the court’s requirements
It’s important to note that even in best-case scenarios, most jurisdictions still impose some penalties for first-time DUI offenses. By working with an experienced commercial DUI attorney in San Diego, you can significantly improve your odds of achieving a favorable outcome.
Will I Lose My CDL if I Get a DUI in California?
Yes, you are likely to lose your CDL if you are convicted of a DUI in California. A first-time offense generally results in a one-year suspension of your CDL.
If you were transporting hazardous materials at the time, that suspension can be increased to three years. A second DUI offense typically results in a lifetime ban from holding a CDL.
How Long Will My DUI Case Take?
The duration of a DUI case can vary depending on factors such as its complexity, the court’s schedule, and whether it goes to trial. In California, DUI cases can take several months to resolve.
Working with a commercial DUI lawyer serving San Diego can help expedite the process and ensure the best possible outcome.
Why do I Need a Commercial DUI Lawyer?
A knowledgeable commercial DUI lawyer can do the following on your behalf:
- Analyze the evidence against you
- Challenge the validity of chemical tests and field sobriety tests
- Negotiate with prosecutors to reduce or dismiss charges
- Advocate for you in court to minimize penalties
With so much at stake, having a skilled attorney by your side is critical to protecting your rights and your future.
Contact a San Diego Commercial DUI Lawyer Today
One mistake doesn’t have to define your career. Many commercial drivers who have stood where you stand now have overcome these challenges and continued driving.
If you’ve been charged with a DUI, you don’t have to fight for your rights alone. A San Diego commercial DUI attorney can provide legal guidance and advocate for you in court.
Your career is worth fighting for. Schedule a free case evaluation today to connect with an attorney who can help.
