DUI Defense of California Commercial Drivers

California DUI Law has incorporated the federal regulations into California Vehicle Code, making them enforceable by law enforcement officials at the state level. California Vehicle Code Section 23152 (d) makes it unlawful for any person who has a 0.04 percent or more by weight of alcohol in his or her blood to drive a commercial motor vehicle.

The U.S. Department of Transportation responded to dangers posed by DUI in commercial vehicles through changes in the uniform Commercial Driver License (CDL) requirements in Title 49 of the Code of Federal Regulations. Federal Law prohibits commercial operation with a BAC of 0.04 percent or greater. Regulations also prohibit driving within four hours of consumption of any alcoholic beverage. DOT has instituted a mandatory drug testing program among motor carriers, who are required to randomly drug test 50 percent of the average number of interstate operators each year.

California Commerical Driver Penalties

DUI Lawyers in California know different types of violations cause different periods of commercial disqualification.

If you violate California drunk driving law, you can have your driving privilege suspended, revoked, cancelled or disqualified. A California commerical driver can have a commercial disqualification for violations of California drunk driving law that occur in a non-commercial vehicle. If convicted for driving under the influence of alcohol or drugs, while operating a commerical or non-commerical motor vehicle, the California DMV will disqualify you from operating a commercial vehicle for 1 year.

If convicted of driving a commercial vehicle with a blood alcohol concentration of 0.04 percent , the California DMV will disqualify you from operating a commercial vehicle for 1 year. For a subseqent DUI conviction within 10 years, the California DMV impose a lifetime ban on your commerical driver's license.

If arrested for driving under the influence in a commercial or non-commercial vehicle, there are no commerical restrictions in California. You may be eligible for a restricted non-commercial driver's license only for the DMV Admin Per Se Suspension.

If you have been arrested for a DUI in California and have a commercial license, contact DUI lawyers who know how to defend your case.