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Commercial Driver's License DUI

It is considered a per se criminal offense to operate a motor vehicle with a blood alcohol concentration over the legal limit of 0.08%. This is a standard spelled out quite clearly in §23152 of the California Vehicle Code. This is a threshold that is applied to all drivers on the road - regardless of age, gender or income bracket. In some cases, however, the threshold is lowered significantly. The most obvious occurrence is this is for drivers who are under the legal drinking age of 21 (the law has a zero tolerance for underage DUI and sets a 0.01% BAC threshold). This is the not the only instance. In some cases, a driver who is over 21 and below 0.08% could still face elevated criminal penalties.

How does a DUI affect a commercial driver?

If you drive for a living, it is important to realize that you will be facing increased penalties compared to a typical driver . In the state of California, if you hold a commercial license, you are not allowed to be operating a motor vehicle with a BAC over 0.04% while driving a commercial vehicle. If you are successfully convicted, you will be facing the penalties that are typical to a DUI conviction - things such as incarceration and monetary fines will all be utilized as consequences for the act.

The real issue will come with the issue of your license. Driver's license suspension is not an unusual penalty to be levied on the convicted, however, it is usually just an inconvenience. For a commercial driver, it can have a profound impact on their very livelihood. A license is not just a desirable possession - it is the crux upon which they make their living. If they don't have their license, commercial drivers will be unable to carry along in their career and could truly be stuck between a rock and a hard place.

Defenses for CDL DUI

Should the license of a commercial driver be suspended due to a DUI charge, they will not be eligible to apply for a restricted license. These types of licenses typically allow for the holder to drive to and from work, towards DUI school and while on the job. For a commercial driver, however, these options are not possible. Instead, should a commercial driver be found guilty of driving a commercial vehicle with a BAC over 0.04% of any vehicle with a BAC over 0.08%, they will lose their CDL for a mandatory year. Should they have previous criminal convictions on their record, they could stand to lose it for life.

At Floyd, Skeren & Kelly, we strongly believe that DUI-related cases are serious regardless of the circumstances. We recognize, however, that there are certain extenuating circumstances that will make them especially difficult - such as if the driver in question has a CDL to their name. We are therefore unwaveringly committed to providing our clients with the high-quality legal representation that they can rely upon in the most difficult of situations.

We encourage you to consult with a lawyer from our legal team as soon as you can following the arrest. We recognize the flaws that are associated with the blood test, breath test and other forms of DUI testing , we know the laws surrounding sobriety checkpoints and how a police stop can be considered unlawful - we know the defenses that can be utilized and will do everything that we can to build a strong case for you.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
Located at 916 West Ventura Boulevard, Suite 100 Camarillo, CA 93010. View Map
Phone: (888) 660-3554