A commercial driver is someone who holds a commercial driver’s license (CDL), which authorizes the driver to operate certain types of vehicles. A commercial vehicle includes the following:
- A vehicle with a gross combination weight of 26,001 or more pounds (this may include a towed unit of 10,001 or more pounds)
- A school bus, double trailer or tank
- A vehicle with the capacity to carry ten or more people, including the driver
- A vehicle with the capacity to carry hazardous substances
Drivers of commercial vehicles are held to a high professional standard. As such, California state law is particularly harsh to commercial drivers who are convicted of a DUI. California Vehicle Code 23152(d) states that it is illegal for a person who possesses a CDL to have a blood alcohol concentration (BAC) of 0.04% or higher while in control of a commercial vehicle.
Penalties (In Addition To Those Related To The Dui Offense)
- If you are found guilty of any form of DUI (whether or not you were driving a commercial vehicle), your commercial vehicle license will be suspended for 1 year.
- If you are convicted of a DUI two or more times, the California court may mandate a lifetime suspension of your commercial driving license.
- A CDL driver does not qualify to receive a restricted license following any DUI conviction.
Legal Defenses
After your arrest, it’s very important that you call San Diego DUI Attorney as soon as possible. We are able to contact the DMV, work to stop your license suspension, and request a DMV hearing. This request must be made within 10 days of your arrest and should be scheduled by an experienced DUI attorney. Once the request is made, the DMV will“stay”the suspension of your license until the conclusion of the hearing. During your free consultation at San Diego DUI Attorney, we will go through the steps of a DMV hearing with you, outline how we will support you in this process, and answer all your questions.
We understand that these increased penalties can make a DUI more complex and more difficult to defend against. To better support you, we employ our own DMV specialist, Christopher Vaughn, as part of our DUI team at San Diego DUI Attorney. Mr. Vaughn works closely with attorney Vince Ross as well as our clients to investigate all aspects of DUI involving a commercial driver and ensure that you receive the best defense possible.
Contact our office today at 619-535-7150 for a FREE DUI consultation.
