California Commercial Driver’s License DUI
When you face DUI charges in California, it can mean the suspension or loss of your commercial driver’s license (CDL) and livelihood. That is why you need skilled legal support from the knowledgeable attorneys at The Law Offices of Bryan R. Kazarian. They know how to fight to keep you on the road and moving forward.
What are the Lower DUI Blood Alcohol Limits?
In Orange County, California and throughout the state, the legal Blood Alcohol Concentration (BAC) limit for non-commercial drivers is 0.08%. However, for commercial drivers operating a commercial vehicle, this limit is significantly lower at just 0.04%.
Thus, as specified in California Vehicle Code 23152(d), a commercial driver can be charged with a DUI if their BAC is 0.04% or higher while driving a commercial vehicle. Such vehicles include those that weigh more than 26,000 pounds, transport more than fifteen passengers, or are designed to transport hazardous materials.
You might not exhibit any visible signs of intoxication at a BAC level of 0.04%, however you may still be prosecuted for DUI based solely on that BAC measurement. This strict regulation reflects the heightened responsibility placed on commercial drivers because of the potential dangers associated with operating larger vehicles, transporting passengers or hazardous substances.
Penalties for a Commercial Driver’s License DUI Conviction in California
The penalties for a DUI conviction involving a commercial driver’s license (CDL) in California are severe and include the following:
- One-Year CDL Suspension: In Orange County, California, a first-time DUI conviction results in a mandatory one-year suspension of the CDL. The individual cannot operate any commercial vehicle during this period and doing so will result in much more severe penalties. Whether the DUI occurred in a commercial or non-commercial vehicle, the driver still loses their CDL for one year. In addition, refusing to submit to a blood or breath test after an arrest for a DUI will result in a one-year suspension.
- Three-Year CDL Suspension: A driver of hazardous materials who is convicted of a DUI or who refuses to submit to a blood or breath test after they are arrested for DUI will receive an automatic three-year suspension of their driving privileges. After a subsequent refusal, the driver will have their CDL revoked for life, although they can apply for reinstatement after ten years.
- Suspension of Non-Commercial Driving Privileges: The suspension includes non-commercial driving privileges, so the driver cannot legally operate personal vehicles as well.
- Permanent loss of the CDL: A driver found guilty of a second DUI results in permanent loss of their CDL under California law.
- Jail Time and Fines: A first time DUI offense has a maximum term of confinement of six months in the county jail and fines ranging from $390 to $1,000 plus penalty assessments, which adds up to an approximate total of $1,900 to over $5,000. Additionally, probation may be imposed for three to five years.
- Alcohol Education Programs: Typically, first time offenders are required to complete a 3, 6 or 9-month alcohol education program as part of their sentence.
- Ignition Interlock Device: Some offenders may be required to install an ignition interlock device in their vehicles.
Common Defenses for a Commercial Driver License DUI in Orange County, California
A number of different defenses can mitigate or dismiss the DUI charges for those holding a commercial driver license:
- Challenge of the BAC Test Results: Your defense attorney may argue that the BAC testing equipment was improperly calibrated or maintained, or that the results were misinterpreted, leading to inaccurate results.
- Challenge of Officer’s Conduct: If law enforcement did not follow proper procedures during the traffic stop or arrest, this could be grounds for suppression of the evidence against you and a dismissal of the case. For example, if an officer lacked reasonable suspicion to stop the vehicle or probable cause to investigate and arrest for DUI, conducted an unlawful search, or misidentified the defendant through fraud, a judge may find that the evidence obtained by law enforcement violated the 4th/14th Amendments of the Constitution and suppress all the evidence, including the officer’s observations. Without that evidence the prosecutor will not be able to proceed with their case and the judge will dismiss the charges against you.
- Lack of Impairment Evidence: Since many drivers at 0.04% BAC level may not show signs of impairment, defense strategies could focus on demonstrating that the driver’s ability to operate the vehicle safely was not compromised and therefore give credence to the defense that the BAC testing equipment was inaccurate and therefore the true BAC level was below a 0.04%.
- Medical Conditions: Certain medical conditions can affect BAC readings or mimic signs of intoxication. If applicable, your defense attorney may be able to attack the prosecution’s case based on this theory.
Each case is unique, therefore, working with an experienced attorney from The Law Offices of Bryan R. Kazarian who understands California’s DUI laws is crucial for developing an effective defense strategy.
Plea Bargains for Commercial Driver License DUI
Plea bargains are often used in DUI cases because they provide an opportunity to negotiate lesser charges or reduced sentences. In California, common plea bargains for commercial DUI cases include:
- Wet Reckless Charge: This plea involves pleading guilty to reckless driving with alcohol involvement instead of DUI. A wet reckless charge carries lighter penalties compared to DUI convictions and may not result in mandatory license suspension.
- Dry Reckless Charge: This option involves pleading guilty to reckless driving without any alcohol involvement. A dry reckless charge does not carry the same consequences as a DUI conviction. However, it still results in points on the driver’s DMV record.
Negotiating a plea bargain can significantly reduce the impact of a DUI conviction on one’s career and personal life. It allows defendants to avoid more severe penalties while still accepting responsibility for their actions.
Navigating a DUI charge with a commercial driver’s license in California requires an understanding of specific laws and potential defenses. The lower BAC limit for commercial drivers emphasizes the seriousness with which these offenses are treated. Given the severe penalties associated with such convictions, including license suspensions and potential job loss, consulting with legal professionals experienced in DUI cases is essential for anyone facing these charges.
How to Protect Yourself and Your Commercial License After a DUI Arrest
The skilled attorneys at The Law Offices of Bryan R. Kazarian know how to fight for your livelihood, reputation, and future when you are faced with DUI charges and your commercial driver’s license is at risk. Contact us online or call us today at 855-918-4253.
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