What You Need to Know About CDL DUI Laws in California
Posted on June 8, 2021 by John
While it is no question regular passenger vehicle drivers face severe consequences after being charged and convicted of a DWI or DUI offense, individuals with a CDL will receive different ramifications. Fortunately, those with standard licenses may be eligible for a temporary or restricted driver’s license that allows them to commute to and from work. Even more, no matter the type of license, you will always have a better chance of avoiding license revocation using arrest-specific defenses to avoid suspensions. However, these need to be implemented immediately following a DUI or DWI arrest.
It is crucial to understand the process drivers face getting a DUI charge with a CDL. In other words, if a commercial driver faces DUI charges, they will not get the privilege of a restricted license to protect their employment status. Because of this, the best defense in keeping a CDL license following a DUI/DWI charge is understanding the ways you can challenge probable cause for a DUI stop at the beginning of your case.
It is also essential to note that whether the CDL driver was arrested for a DUI in the commercial vehicle or their own personal vehicle, the consequences and penalties are typically the same.
Because we have seen how CDL revocations can profoundly affect a person’s livelihood and daily life, we suggest you contact a DUI attorney immediately following the charge. We have the experience and necessary knowledge to fight your driver’s license revocation, including CDL suspensions. Also, doing so can most likely help your privileges become reinstated.
Unfortunately, the consequences are entirely too risky to try to defend your DUI charge without any professional experience or knowledge. Therefore, it would be in your best interest to hire a lawyer experienced in defending DUI charges involving a CDL.
If you currently have a pending charge, every state’s DUI laws require that commercial license drivers notify their employers within 30 days of any state or local traffic violations. Even if the offense occurred when driving a personal off-duty vehicle out of state, you are still legally obligated to notify your employer.
Unfortunately, many companies have strict legal restrictions regarding the employment of CDL drivers with specific traffic violations. Therefore, any offenses may result in the suspension or termination of the offender’s job. CDL holders must also provide any future potential employers with details regarding crimes and serious traffic violations that have taken place within the last ten years.
What Happens After a Second DUI Offense Charge on a CDL?
Drivers with commercial driver’s licenses are held to a higher standard and, therefore, are met with more severe consequences following a DUI or DWI charge.
If a CDL holder is arrested while driving a commercial vehicle and has a blood alcohol concentration (BAC) level of .04 or more, they will face the same, if not worse, ramifications. For a second DUI charge, the driver will have their CDL revoked and will no longer be eligible for reinstatement for the rest of their life. However, it would be helpful to note that you may be able to have the license reinstated in some states if a minimum of 10 years has passed.
How Will a Lawyer Be Able to Defend my CDL License?
Suppose a driver chooses to challenge a CDL license suspension caused by a DUI. In that case, they will have to request an administrative license hearing within the allotted time following the initial arrest.
If you face a revoked or suspended CDL license, call the Law Office of David Leicht at (760)256-3104 for a free consultation today.The Law Office of David Leicht serves the California communities of Barstow, Victorville, Apple Valley, Hesperia, Adelanto, Baker, Needles, Lucerne Valley, Big Bear, San Bernardino, Mojave, Phelan, and Wrightwood.