Commercial Drivers and DUI’s
California Vehicle Code Section 23152(d) addresses commercial drivers and reads as follows:
(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.
This code section establishes a different standard for establishing presumptive impairment for those driving commercial vehicles. Whereas an individual who is driving a non-commercial vehicle is presumptively impaired if they have a Blood alcohol concentration of 0.08, if one is driving a commercial vehicle and stopped for a DUI, then they are considered impaired at a BAC of 0.04. Note: This law makes it illegal to drive a commercial vehicle with a blood alcohol concentration of 0.04 or higher, not to a holder of a class A license who is driving a non-commercial vehicle with a BAC of 0.04 or higher, and one need not even have a commercial license. The issue is the type of vehicle being driven at the time, not the type of license the driver holds.
Drivers License Penalties for Commercial Drivers Found Guilty of DUI
If a commercial driver (one who possesses a Class A or Class B License) is found guilty of DUI either in court or in an administrative per se hearing (DMV Hearing) the commercial driver will lose their Class A or Class B license for one year on a first DUI and indefinitely on a subsequent offense.
A commercial driver who loses his or her commercial license for one year can nevertheless still obtain a restricted or provisional license to allow the to drive to work, but this will be only a Class C non-commercial license.
Commercial Drivers Charged with DUI in San Luis Obispo County
The San Luis Obispo County District Attorney prosecutes DUI cases aggressively and Commercial cases particularly aggressively. If you are a commercial driver facing DUI charges in San Luis Obispo county you should call us immediately. All hope is not lost. Remember, just because you are charged with a DUI, does not mean you will be convicted of DUI. We know how to help. Call our office immediately and our team of experienced DUI Attorneys will do all we can to protect your license.