The Consequences of a Commercial Driver’s License (CDL) DUI in California
Posted on August 31, 2023 by John
If you’re a commercial driver in California, it’s important to understand the state’s laws regarding DUI and how they apply to you. A Commercial Driver’s License (CDL) DUI conviction could result in the loss of your driver’s license and possibly even a lifetime ban from ever applying for one again. Here’s what you need to know about Commercial Driver’s License (CDL) DUI in California.
What is the Commercial Driver’s License (CDL) DUI Law in California?
California Vehicle Code 23152(d) is the state’s “commercial DUI” law. This law makes it a crime for any driver of a commercial vehicle to operate a vehicle with a blood alcohol concentration (“BAC”) of .04% or higher. A BAC of .04% is lower than the legal limit for non-commercial drivers, which is .08%.
What are the Penalties for Commercial Driver’s License (CDL) DUI in California?
The penalties for Commercial Driver’s License (CDL) DUI in California depend on the circumstances of the case. Generally speaking, the penalties may include jail time, fines, a one-year suspension of your CDL, and the requirement to attend an alcohol education program. Criminal Penalties
In addition to administrative penalties, a person convicted of a Commercial Driver’s License (CDL) DUI can face criminal penalties. The criminal penalties vary depending on the facts of the case and the person’s prior criminal history. Generally, the criminal penalties for a Commercial Driver’s License (CDL) DUI include:
- Fines. A person convicted of a CDL DUI can be fined up to $1,000 and/or be ordered to pay restitution to the victim.
- Jail Time. A person convicted of a CDL DUI can face up to six months in jail.
- Probation. A person convicted of a CDL DUI can be placed on probation for up to three years.
- Community Service. A person convicted of a CDL DUI can be ordered to perform community service.
- Driver’s License Suspension. A person convicted of a CDL DUI can have their driver’s license suspended for up to one year.
- Ignition Interlock Device. A person convicted of a CDL DUI can be required to have an Ignition Interlock Device (IID) installed on their vehicle.
What are the Consequences of Multiple Commercial Driver’s License (CDL) DUIs?
If you are convicted of two or more Commercial Driver’s License (CDL) DUIs, you will be subject to a lifetime ban from ever applying for a CDL. This means that you will not be able to operate a commercial vehicle in California ever again.
How Can an Attorney Help with a Commercial Driver’s License (CDL) DUI?
If you’ve been charged with a Commercial Driver’s License (CDL) DUI in California, it’s important to seek the help of an experienced attorney as soon as possible. A knowledgeable attorney can provide you with assistance in all aspects of your CDL DUI case in California. This includes:
- Analyzing Your Charges. The attorney will review the details of your case and analyze the evidence against you. This is an essential first step as it can help determine what defense strategies may be available to you.
- Assisting You Through the Court Process. Your attorney will be there to guide you through the criminal court process. This includes helping you understand the charges against you, the potential consequences, and your legal rights. Your lawyer will also represent you in court and provide legal advice.
- Negotiating a Plea Deal. An experienced attorney can help negotiate a plea deal on your behalf. This may include a reduction in charges or a lighter sentence. Your attorney will be able to advocate for you and make sure you get the best outcome possible.
- Protecting Your Rights. It is important that your attorney is familiar with the law and understands your rights as a commercial driver. They can help ensure that your rights are respected and that you are not taken advantage of by the court system.
- Handling DMV Hearings. A DUI conviction can lead to a suspension of your CDL. Your attorney can help you prepare for a DMV hearing and represent you at the hearing. They can also help you challenge the suspension of your license and keep your CDL intact.
The Legal Help You Need
If you’re a commercial driver and have been charged with DUI, it’s essential that you hire an experienced attorney to fight on your behalf. The Law Office of David Leicht is an excellent choice when it comes to DUI cases that involve commercial drivers.
At the Law Office of David Leicht, we understand the challenges that commercial drivers face when charged with DUI. We’re committed to protecting the rights of our clients and ensuring that they receive the best possible outcome in their case. Our team puts in the time and effort to review every detail of a case to ensure that the client receives the best legal representation.
Our attorney, David Leicht, is an experienced DUI lawyer with a proven track record of successfully defending clients in DUI cases. He knows the intricacies of the law and will use his knowledge to build a strong defense. With his help, you can rest assured that your case will be well-represented.
Contact the Law Office of David Leicht at (760)-256-3104 or use our online form to set up a free consultation and put the power of an experienced DUI attorney on your side.
Serving Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, Wrightwood, and the surrounding California communities.
534 Barstow Road
Barstow, CA 92311
