Los Angeles Commercial DUI Lawyer
CDL DUI Defense Attorney in L.A.
Commercial trucks can be as long as 75 feet and can weigh as much as 80,000 pounds. This is a drastic difference from a normal passenger vehicle, which is, on average, around 5,000 pounds and 15 feet long. When commercial trucks are involved in accidents, the consequences are generally tragic—especially for drivers and passengers of smaller vehicles.
Due to this, the criteria for DUI charges differ for commercial drivers and noncommercial drivers; the penalties for the crime vary, as well. Because of the larger size of their vehicles, commercial drivers are held to a higher level of accountability when it comes to driving and traffic offenses. For example, a commercial driver can be arrested for DUI if their BAC is a mere 0.04 percent.
If you are facing commercial DUI charges, you need the help of a DUI lawyer from Gold & Witham.
DUI Penalties for Commercial Drivers
- 1-year suspension of commercial driver's license
- Suspension of driving privileges for noncommercial vehicles
- Installation of an Ignition Interlock Device on your vehicle
- Victims Impact Panel attendance or alcohol education classes
- Probation & community service
FMCSA DUI Regulations
According to § 383.51 of the code, employers in the trucking industry cannot knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle (CMV); driving under the influence of alcohol or drugs is one of those disqualifying offenses. A DUI can affect a CMV driver whether or not his or her arrest took place while "on the job."
For example, a truck driver can become disqualified from driving a CMV for:
- Regular DUI (0.08 percent) while driving any motor vehicle;
- DUI of drugs while driving any motor vehicle; and/or
- Alcohol concentration of 0.04 percent while operating a CMV.
Information About Commercial Licenses
In order to operate a CMV, commercial drivers must also possess a special license. For a first DUI offense, these drivers must downgrade their commercial driver licenses to Class C non-commercial licenses. Some truck drivers are able to obtain restricted licenses; however, employers are still responsible for suspending / revoking their employees' driving privileges for DUI offenses. Commercial drivers who obtain restricted driving licenses are still subject to disqualification of job-related driving privileges per the FMCSA.
Commercial drivers have more at stake in the event of a DUI arrest than do passenger vehicle drivers. When CMV drivers lose their right to drive, they lose their livelihood. Employers must disqualify drivers who are convicted for DUI offenses, which is why it is vital for truck drivers to obtain a strong DUI defense. Our Los Angeles DUI attorneys can fight for your rights and your job.
Contacting Gold & Witham
Commercial drivers are not eligible to apply for a restricted commercial license. Commercial drivers who are charged with driving under the influence with a BAC of above 0.08 percent may face a complete CDL license revocation in addition to a regular driver's license suspension.
To get the defense you need, contact a Los Angeles DUI lawyer at Gold & Witham today.