Los Angeles DUI and Commercial Driver’s Licenses

Los Angeles DUI and Commercial Driver’s Licenses

Getting charged with a DUI is scary for anyone – but it can be especially frightening if you have a commercial driver’s license (CDL). A DUI conviction can lead to suspension or revocation of your CDL, which means losing your job if you drive for a living. However, there are defenses available and ways to protect your license if you’ve been charged with a California DUI. This article will break down how DUIs affect commercial licenses and what you can do to fight the charges.

How a DUI Affects Your CDL

Under California law, the blood alcohol concentration (BAC) limit for commercial drivers is lower than for regular licenses^[1]. For commercial drivers:

• The BAC limit is 0.04% instead of 0.08%
• You can be charged with a DUI even if your BAC is under 0.08%

Because of the lower BAC limit, many commercial drivers get charged with DUIs in situations where a regular driver would not. This special provision under California law puts CDL holders at greater risk of a DUI conviction^[2].

If you’re convicted of a California DUI, the penalties are harsher if you have a CDL. For a first offense:

• Your CDL will be suspended for 1 year
• You cannot obtain a hardship license
• You must complete DUI school and treatment programs
• You must install an ignition interlock device on your vehicle(s)

For a second offense within 10 years, your CDL will be revoked for life. You’ll lose your commercial driving privileges permanently if convicted twice^[3].

Fighting a Commercial DUI Charge

Because the penalties are so severe, it’s critical to fight a commercial DUI charge with an experienced DUI defense lawyer. An attorney can review the details of your case and build a strong defense to avoid a conviction. Here are some common defenses in California DUI cases:

• No probable cause for the stop – If the officer didn’t have a valid reason to pull you over, the whole case could get thrown out due to an illegal stop.
• Errors in chemical testing – Mistakes in how your BAC test was administered could make the results invalid and unusable in court.
• You weren’t actually driving – It’s not a DUI if you weren’t operating the vehicle. For example, if you pulled over to sleep it off in the backseat.
• Misidentification – The officer may have confused you with someone else if there were multiple people in the vehicle.

An experienced DUI lawyer can look for police mistakes and other ways to get your charges reduced or dismissed. They can also negotiate with the prosecutor for a plea bargain to lesser charges that won’t affect your CDL.

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2024-03-21

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2024-03-18

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2024-03-15

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2024-03-15

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Getting Your CDL Back After a DUI

If your CDL is suspended after a DUI conviction, you may be wondering if you can ever get it back. The good news is there are steps you can take to regain your commercial driving privileges:

• Complete all court-ordered DUI programs, fines, and license suspensions
• File an SR-22 insurance form with the DMV
• Complete a substance abuse evaluation and any recommended treatment
• Provide proof of treatment completion and a clean driving record to the DMV
• Pay the license reissue fee

If your CDL was revoked permanently after multiple DUIs, you may be able to apply for a new one after 10 years if you meet strict guidelines. Talk to a lawyer to understand your options.

Get Legal Help Fighting Your Commercial DUI

A DUI charge is scary enough – but it can completely devastate your life and career if you have a CDL. Don’t leave your livelihood up to chance. Work with an experienced Los Angeles DUI defense attorney to protect your rights and your license. There are ways to fight the charges and avoid conviction, even for commercial drivers.

[1] https://www.findlaw.com/dui/charges/commercial-dui-regulations.html

[2] https://www.losangelescriminallawyer.pro/los-angeles-dui-and-commercial-drivers-licenses.html

[3] https://www.michigancriminaldefenselawyerblog.com/dui-and-the-commercial-drivers/