A commercial driver is someone who has been issued a commercial driver’s license (CDL), authorizing the driver to operate various kinds of vehicles. Commercial vehicles are often defined as:
- A vehicle with a weight of 26,001 or more pounds (may include a towed unit of 10,001 or more pounds)
- School bus, double trailer or tank
- A vehicle that can carry 10 or more people (includes the driver)
- A vehicle carrying hazardous materials
Commercial drivers are held to a higher professional standard. For this reason, California law is much stricter when the DUI case involves a commercial driver. California Vehicle Code 23152(d) states that it is unlawful for an individual who has been issued a CDL to have a BAC of .04% or higher when operating a commercial vehicle.
Punishments (in addition to the ones imposed for the DUI offense)
Your CDL will be suspended for 1 year if you are found guilty of any type of DUI (even if you were not operating a commercial vehicle). A lifetime suspension of your CDL may be imposed by the state of California if you are convicted of two or more DUIs. A restricted license is not available to drivers convicted of a DUI who have been issued a restricted license.
If you are arrested for DUI and have a CDL, we highly encourage you to contact the Orange County DUI Attorney Law Firm. Our firm will contact the DMV, work to prevent your license from being suspended, and request a DMV hearing on your behalf. We will request the hearing within the 10-day period it is required to be done in to ensure that we exhaust all available remedies to give you the best chances at retaining your driving privileges. After we make the request, the DMV will set aside your license suspension until the DMV hearing has concluded. Call our office to schedule a FREE initial consultation where we will discuss the process of a DMV hearing with you, explain how we will defend you, and answer any questions you may have.
Our firm understands that any increased punishments make the DUI process more confusing and seem unsurpassable. In order to represent you, we will employ one of our DMV specialists to work closely with our chief trial attorney, Vincent Ross. Our DMV specialist will work closely with Mr. Ross to assess all circumstances of your DUI to make sure you are receiving the best defense for your commercial DUI case.
Contact the Orange County DUI Attorney Law Firm at 949-377-2280 to schedule your FREE initial consultation.