COMMERCIAL DUI - SAN DIEGO DUI ATTORNEY GROUP San Diego
Commercial operators and those with such licenses can be charged with a DUI and lose their commercial license for one year under much stricter standards than those with passenger vehicle licenses. Under CVC 23152(d), your BAC level may not be 0.04% or higher:
Anyone with a commercial driver’s license is held to a stricter standard than ordinary motorists. Commercial drivers are those who operate cars for hire, drive trucks, trains or buses. They are heavily regulated by state and federal laws regarding hiring, random drug testing, inspections of vehicles and loads and operating hours. Because of the serious penalties involved, promptly contact a San Diego DUI Attorney Group lawyer if you have been arrested and have a commercial license.
Regarding drinking and driving, a commercial operator may be charged with a DUI for driving a commercial vehicle if the driver has a BAC of 0.04%.
CVC 23152(d) sets the standard:
“CVC 23152 (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving...”
Other circumstances can also result in a commercial driver being charged with a DUI. Your San Diego DUI Attorney Group lawyer will defend you regarding any of these conditions that can lead to a DUI arrest:
- Your BAC was at least 0.04% when driving a commercial vehicle
- You were driving a passenger vehicle with a BAC of 0.08%
- You were driving a passenger vehicle while under the influence of alcohol or drugs
- You refused chemical testing
Any one of these conditions will lead to an automatic loss of your commercial driver’s license for one year. Should you be convicted of it again, you lose it for life. When convicted, you are required to notify your employer of your conviction within 30 days, regardless of what kind of vehicle you were driving, and who is not permitted to allow you to drive during the period of your suspension.
Your noncommercial license is subject to the same revocation period as any other driver, which for a first offense is 6 to 10-months. Talk to an attorney from the San Diego DUI Attorney Group regarding any of these conditions and possible defenses.
Commercial DUI Penalties
Typically, you may face these penalties for a commercial DUI:
- Fine of $390 up to $1000
- Possible jail time of 48 hours and up to one year or community service in lieu of jail time
- 3-month up to 36-months participation in a DUI class or program
- No restricted commercial license under any circumstances
- Revocation of your non-commercial driver’s license for 6-10 months and no restricted license availability
Defenses to Commercial DUI
The defenses to a DUI are the same for a commercial DUI. Your San Diego DUI Attorney Group lawyer will explain them to you in detail. These may include:
- The breathalyzer results were flawed based on your medical condition
- The breathalyzer was not serviced nor maintained according to guidelines
- The technician was not properly trained to administer the breath device or to extract a blood sample
- Testing procedures were not followed according to regulations
- The blood sample was tainted
- Police lacked probable cause to stop, detain or arrest you
- Your refusal to submit to BAC testing was reasonable
Immediately contact an attorney from the San Diego DUI Attorney Group if you have a commercial license and was arrested for DUI.