In California, a DUI (Driving Under the Influence) offense for a driver holding a Commercial Driver’s License (CDL) has more stringent regulations and harsher penalties than for non-commercial drivers. The state holds commercial drivers to a higher standard because of the nature of their work and the potential danger of operating large or hazardous vehicles. Here’s what you need to know:
Key DUI Laws for Commercial Drivers in California
- Lower BAC Threshold for CDL Holders:
For non-commercial drivers, the legal Blood Alcohol Concentration (BAC) limit is 0.08%.
For commercial drivers operating a commercial vehicle, the BAC limit is much lower at 0.04%.
If driving a personal vehicle, the commercial driver is still subject to the 0.08% BAC limit, but their commercial driving privileges can still be impacted.
- Strict Penalties:
A DUI conviction will affect both the commercial driver’s license (CDL) and the personal driver’s license (Class C).
Penalties apply even if the DUI occurs while driving a personal vehicle.
Penalties for DUI with a Commercial Drivers License
First Offense (in a Commercial or Personal Vehicle):
License Suspension: Commercial License (CDL): A mandatory one-year suspension of the CDL for a first-time DUI, even if the DUI occurred in a personal vehicle.
Personal Driver’s License: Six-month suspension if the DUI occurred in a personal vehicle.
If the driver was transporting hazardous materials at the time of the offense, the CDL suspension is extended to three years.
Fines: $390 to $1,000 in fines, plus penalty assessments, which can significantly increase the total amount.
Jail Time: Up to six months in county jail.
DUI School: Mandatory completion of a three- to nine-month DUI education program.
Probation: Three to five years of informal probation.
Second DUI Offense (within 10 years):
Permanent Revocation: A second DUI conviction results in the lifetime revocation of the CDL, with no possibility of reinstatement. This applies regardless of whether the DUI occurred in a commercial or personal vehicle.
License Suspension: For a personal vehicle, a suspension period similar to that for a non-commercial driver, but the CDL is permanently revoked.
Fines, Jail, and Probation: Penalties similar to a first offense but with longer jail time and probation periods.
Other Consequences:
- Job Loss: Most commercial driving jobs require a valid CDL. A DUI can result in job termination or difficulty finding future employment in the trucking industry.
- Higher Insurance Rates: A DUI conviction will lead to increased insurance premiums for both personal and commercial insurance policies.
- Ignition Interlock Device (IID): For a first-time offense, an IID may be required for up to six months to one year in personal vehicles.
Felony DUI with a Commercial Drivers License: If the DUI incident involves an injury or fatality, the driver can be charged with felony DUI, leading to:
- Prison Time: Significant jail time in state prison.
- Fines: Much higher fines.
- Permanent Loss of CDL: A felony conviction results in permanent revocation of the commercial license.
Commercial Drivers License Reinstatement Requirements After DUI:
After serving a CDL suspension (for a first offense):
- Complete DUI School: A required DUI education program.
- SR-22 Insurance: File an SR-22 form to prove financial responsibility.
- Reinstatement Fees: Pay any applicable DMV fees.
- IID Installation: If required, install and maintain an ignition interlock device on any personal vehicles driven during the probation period.
Legal Defenses for Commercial Drivers License DUI
Common defenses for DUI cases include:
- Unlawful Stop: Arguing that the traffic stop was illegal or without probable cause.
- Faulty Testing: Challenging the accuracy or administration of BAC tests (breath or blood tests).
- Medical Conditions: Arguing that medical issues (e.g., acid reflux) could have affected the BAC test results.
- Improper Arrest Procedure: Arguing that law enforcement did not follow proper legal protocols during the arrest.
Seeking Legal Representation
If you are a commercial driver facing DUI charges, it’s crucial to consult with an expert DUI defense attorney.
The consequences of a DUI for CDL holders are severe, and having the right legal defense is critical to minimizing the impact on both your personal and professional life.
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.