If you are currently facing a commercial DUI charge, the stakes are incredibly high, and you need a Woodland Hills DUI lawyer on your side. In addition to jail and fines, a conviction can cause commercial drivers to lose their license, jeopardizing their livelihood and long-term employment prospects.
Legal guidance can protect commercial drivers from DUI charges and help them avoid the worst penalties of a conviction. Contact Los Angeles DUI Lawyer today.
Our team has helped thousands of people facing similar charges. We’re ready to connect you with an experienced Woodland Hills DUI lawyer.
Commercial DUIs Have a Lower BAC Limit
In California, it’s illegal for anyone to drive a motor vehicle with a blood alcohol content (BAC) above 0.08%. Getting pulled over with a BAC of 0.08% or higher will result in an automatic DUI charge. However, there is a lower BAC limit for commercial drivers.
Drivers of commercial vehicles (e.g., semi-trucks, buses, dump trucks, etc.) are prohibited from driving with a BAC of 0.04% or higher. This lower limit is a result of federal laws that heavily regulate the activity of interstate trucking companies. Generally, the lower BAC laws apply to vehicles that require either a Class A or Class B commercial driver’s license to operate.
At this low limit, even just one drink can put a commercial driver over the legal limit. Commercial drivers are held to this higher standard because the potential for harm while driving drunk is much greater than that for passenger vehicles. DUI law also extends to driving while intoxicated by any drug.
Commercial Drivers Could Lose Their CDL
Following federal law, California drivers who get a commercial DUI will have their CDL suspended for one year. This suspension is raised to three years if they were transporting hazardous materials. A second commercial DUI will result in a lifetime revocation of your CDL.
While on a suspended license, you will be unable to drive a commercial vehicle, and possibly your personal vehicle. If your license is suspended or revoked, you could be fired from your job due to an inability to perform essential duties. Even if you get your license back, potential employers may have rules against hiring drivers with commercial DUI convictions.
Keep in mind that these CDL license penalties still apply if you weren’t driving a commercial vehicle. Even if you were driving your personal vehicle, a DUI can result in your commercial driver’s license being suspended.
Penalties for Commercial DUI in Woodland Hills
In addition to the severe license penalties, a first-time commercial DUI can result in up to six months in prison and a $1,000 fine, plus additional administrative fines. Subsequent DUIs trigger longer prison sentences and higher civil fines. As part of your sentence, a judge may order you to attend a court-approved alcohol/drug treatment program.
If you caused an accident that injured or killed someone, your commercial DUI could be charged as a felony offense, which can carry several years in prison.
Note that refusing a chemical DUI test after being arrested is its own criminal offense that can automatically trigger the one-year license suspension.
DUI Hearing to Avoid License Suspension
If you are arrested for a DUI, you have ten days to request an administrative hearing with the California DMV. During the hearing, you can present evidence and arguments to keep your CDL and avoid license suspension.
If you wait longer than ten days, you’ll lose your chance to avoid an administrative hearing and keep your license. A Woodland Hills commercial DUI lawyer can help request a hearing and represent you during proceedings.
Defending Against Commercial DUI Charges in Woodland Hills
Below are some of the most common strategies a lawyer can use to defend you against a commercial driver’s license DUI:
- Challenge the stop. One common method to defend against a DUI charge is challenging the legality of the stop. Police must have a specific reason to pull someone over, even commercial drivers. If the police illegally stopped you or otherwise violated your rights, an attorney could work to have the case dismissed or evidence suppressed.
- Field sobriety tests are inconclusive. Officers may make DUI arrests based on their interpretation of field sobriety tests. These tests, however, are not as conclusive as commonly presented. The results rely on subjective judgements of the responding officer, and failing a test could be due to reasons entirely unrelated to alcohol.
- Chemical test results are inaccurate. BAC breathalyzer tests and other chemical tests are generally accurate but not infallible. There could be errors in administering the test or handling samples. Challenging the validity of chemical tests can greatly weaken the prosecution’s case.
Contact a Commercial DUI Lawyer Serving Woodland Hills
The consequences of a commercial DUI can be extreme, but a lawyer can defend your freedoms and future prospects. If you are currently facing charges, it’s never too early to find a criminal defense lawyer. The longer you wait, the greater the chance of facing the maximum penalty.
Contact Los Angeles DUI Lawyer online today or call us by phone to get connected with a Woodland Hills commercial DUI lawyer.
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