DUI Commercial License

DUI Commercial License

In California, commercial drivers hold a unique responsibility to maintain safety on the roads. Their license is not just a piece of identification; it is the key to their livelihood, enabling them to work, support their families, and contribute to the economy.  Learn more if you are charged with a DUI and have a commercial license.

Whether transporting goods, passengers, or services, a commercial licensee must drive safely. However, a DUI (Driving Under the Influence) arrest involving a commercial license can threaten this lifeline, with severe consequences for the driver’s career and personal life.

California DUI Laws Impact Commercial Driver’s Licenses

California has stringent laws for commercial drivers when it comes to DUIs. Unlike non-commercial drivers, who are subject to a legal blood alcohol concentration (BAC) limit of 0.08%, commercial drivers are held to a stricter standard of 0.04% while operating a commercial vehicle. A single DUI conviction can lead to the disqualification of a commercial driver’s license (CDL), leaving them unable to work and earn an income. This makes it even more critical for commercial drivers to act swiftly and proactively when facing a DUI charge.

Following an arrest for a DUI involving a commercial license, time is of the essence. In California,  a driver has only 10 days from the date of the DUI arrest to request a hearing with the Department of Motor Vehicles (DMV) to contest the automatic suspension of  a license. Missing this deadline means that the driver forfeits their opportunity to defend their driving privileges, which could result in a lengthy suspension period.

Inspiring | Hope | Confidence | GREAT DUI RESULTS

Mark Blair Gets GREAT DUI RESULTS

The Law Office of Mark Blair | Bay Area DUI Law understands the high stakes involved in a DUI involving a commercial license. Mark’s experienced legal team is dedicated to protecting the driver’s rights  by helping navigate his clients through the complex legal and administrative processes that follow a DUI arrest. Mark Blair and his staff take swift action on their clients’ behalf, contacting the DMV to schedule their hearings and initiating a thorough investigation into their case. This includes obtaining critical evidence such as police reports, BAC test results, and any available video footage from the arrest.

DMV Hearing

The DMV hearing is an essential part of the process, separate from the criminal court proceedings. It determines whether the driver can retain their driving privileges while the DUI case is pending. At this hearing, Mark Blair will assertively challenge the evidence against  his clients, identify any procedural errors made by law enforcement, and advocate for their right to continue driving.

Beyond the DMV hearing, Mark’s team will also build a robust defense for his clients’ court case. Police officers may make errors during a DUI stop, such as improper administration of field sobriety tests or mishandling of breath or blood test equipment. Mark and his staff meticulously review every detail of  a client’s case to uncover weaknesses in the prosecution’s evidence, aiming to reduce or dismiss the charges against his clients.

A DUI involving a commercial license does not only jeopardize one’s license; it puts the driver’s entire career at risk. Losing the ability to drive can result in job termination, financial hardship, and a tarnished professional reputation. Don’t leave your future to chance. Contact Mark Blair and his team today to learn how they can protect your commercial driving privileges. With years of experience and a proven track record, Mark has  helped thousands of clients successfully defend against DUI charges and keep their livelihoods intact. Let him fight for you.

What Qualifies as a DUI for Commercial Drivers?

The type of vehicle being driven, commercial vs. personal, and the alcohol level involved influence what kind of DUI charge is filed. If a commercial vehicle was driven at the time of the DUI, California Vehicle Code 23152(d) is likely to be charged. This law is particularly strict, as it allows for a DUI conviction if a driver’s blood alcohol concentration (BAC) is 0.04% or higher. For many, even one drink can push them over this limit.

On the other hand, if personal vehicle was driven, the 0.04% BAC limit does not apply. Instead, the driver may be charged under different laws, including:

• Driving with a BAC of 0.08% or greater
• Driving under the influence (evidence of impairment regardless of BAC)
• Driving under the influence of drugs
• DUI under the age of 21
• DUI causing injury

Each of these offenses comes with its own set of penalties, which can significantly impact one’s commercial driver’s license (CDL).

How Does a DUI Affect A CDL?

A driver faces a potential disqualification of use of their commercial license if convicted of a DUI, regardless of whether a commercial or personal vehicle was involved. California’s strict commercial driver safety laws treat any DUI—even one that occurs off-duty—as a serious offense that impacts one’s CDL.

If convicted:

A first-time DUI offense results in a one-year disqualification of a commercial license.
A second DUI offense could lead to a lifetime disqualification of a commercial license.

Are Regular Driving Privileges Also Affected?

Yes. A driver can downgrade to a class C license but would suffer the license consequences associated with a class C license.  The driver may be eligible for an immediate restricted class C license once certain prerequisites are met.

How to Protect A CDL

A DUI charge does not guarantee a conviction. By avoiding a DUI conviction, the driver may avoid a DUI conviction related disqualification.

A skilled DUI lawyer can employ several strategies to defend your case, such as:

• Challenging the legality of the arrest
• Identifying police errors to suppress evidence
• Contesting the accuracy of breath or blood tests
• Demonstrating that factors like mouth alcohol and rising BAC affected test results

Have you been charged with a DUI and have a commercial license? Contact Mark Blair today to connect with an experienced legal team dedicated to protecting your driving privileges and your livelihood.

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.