Driving under the influence (DUI) is a serious offense in California with significant consequences for all drivers. However, for those with a commercial driver’s license (CDL), the stakes are even higher. Whether you’re operating a commercial vehicle or a personal one at the time of your arrest, a DUI conviction can result in harsh penalties, including the suspension of your CDL. Here’s what you need to know about the risks and how to protect your livelihood.
Legal BAC Limits for CDL Holders
CDL holders must adhere to stricter rules than regular drivers when it comes to blood alcohol concentration (BAC) limits. While the standard BAC limit for most drivers is 0.08%, the limit drops to 0.04% for those operating a commercial motor vehicle. This applies to vehicles such as buses, big rigs, and construction equipment.
When driving a personal vehicle, however, the higher 0.08% limit applies. Regardless of the vehicle you’re operating, a DUI conviction can still have a profound impact on your CDL status.
DUI Consequences for CDL Holders
The penalties for a DUI conviction vary depending on whether you were driving a commercial or personal vehicle at the time, but the consequences for your CDL remain severe in either case. Key penalties include:
First DUI Conviction
- Criminal Penalties: Up to 1 year in county jail, fines of up to $1,000, informal probation, and mandatory alcohol education classes.
- CDL Suspension: A minimum 1-year suspension of your CDL, even if the DUI occurred in a personal vehicle.
- Regular License Suspension: Suspension of your personal driver’s license, with the potential to obtain a restricted license for limited purposes (e.g., driving to work or medical appointments). However, no restricted CDL is available.
Second DUI Conviction
- CDL Lifetime Ban: A second DUI results in a lifetime suspension of your CDL, effectively ending your career as a commercial driver.
Refusal to Submit to a Chemical Test
Refusing to submit to a chemical breath or blood test during a DUI arrest can also lead to a CDL suspension. Under California’s implied consent laws, refusal to test results in an automatic suspension of your driving privileges, including your CDL.
Why CDL Suspensions Are So Severe
CDL holders are held to a higher standard of responsibility due to the potential risks associated with operating large or hazardous vehicles. A DUI conviction not only compromises public safety but also reflects poorly on the driver’s ability to perform their duties responsibly. For this reason, California imposes strict penalties on CDL holders to ensure accountability.
Protecting Your CDL After a DUI Arrest
If you rely on your CDL for your livelihood, a DUI conviction can be devastating. To protect your license and your career, it’s crucial to take the following steps:
1. Hire an Experienced DUI Defense Attorney
A skilled attorney can analyze your case, challenge the evidence, and develop a strategy to fight the charges. This may include questioning the validity of the BAC test or arguing against improper police procedures.
2. Explore Alternative Sentencing Options
In some cases, your attorney may negotiate a plea deal or reduced charges to mitigate the impact on your CDL. This could involve completing alcohol education programs or probation in exchange for a lesser penalty.
3. Act Quickly to Request a DMV Hearing
Following a DUI arrest, you have a limited window to request a hearing with the Department of Motor Vehicles (DMV) to contest your license suspension. An attorney can represent you at this hearing to advocate for the reinstatement of your driving privileges.
Protect Your Career with the Right Legal Support
If your CDL is at risk due to a DUI charge, it’s essential to act quickly and secure legal representation. At Law Office of Michael L. Fell, we understand the importance of your CDL to your livelihood and are committed to providing the aggressive defense you need. Contact us at (949) 585-9055 to schedule a free consultation and start building your defense today.