Los Angeles Commercial DUI Lawyer
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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 a commercial vehicle is involved in an accident, the consequences can be tragic, usually for the drivers and passengers of smaller vehicles.
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. The penalties for commercial DUI are also more severe.
If you have a CDL and are charged with a DUI, you need the help of a Los Angeles commercial DUI lawyer from Gold & Witham.
Fight to Protect Your License & Livelihood
Commercial drivers have more at stake in the event of a DUI arrest than passenger vehicle drivers. When CMV drivers lose their right to drive, they lose their livelihood.
In order to operate a commercial motor vehicle (CMV), a driver must possess a commercial driver's license, however, even one DUI conviction on your record will result in a downgrade to a Class C non-commercial license.
Some truck drivers are able to obtain restricted licenses, however, commercial drivers who obtain restricted driver's licenses are still subject to disqualification of job-related driving privileges per the FMCSA.
Employers must disqualify drivers who are convicted of a DUI offense, which is why it is vital for all commercial drivers to obtain a strong DUI defense. Our Los Angeles commercial DUI attorneys can fight for your rights and your job.
FMCSA DUI Regulations for Commercial Drivers
According to code § 383.51, 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, whether or not the offense 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.
Don't let one mistake take away your livelihood! Contact a commercial DUI attorney in Los Angeles!
DUI Penalties for Commercial Drivers
On top of the penalties for a DUI, commercial drivers face additional consequences because of the strict rules of operation for those who obtain a CDL.
The penalties for a commercial DUI conviction include:
- 1-year suspension of commercial driver's license
- Suspension of driving privileges for non-commercial vehicles
- Installation of an Ignition Interlock Device on your vehicle
- Victims Impact Panel attendance or alcohol education classes
- Probation & community service
Long-Term Consequences of CDL Holders
The long-term consequences of a DUI for CDL (Commercial Driver's License) holders can be profound and far-reaching, affecting both personal and professional aspects of their lives. One of the most immediate impacts is the potential suspension or revocation of their commercial license, which can lead to the loss of employment in the trucking or transportation industry. Many employers conduct thorough background checks, and a DUI conviction can serve as a red flag, making it difficult for individuals to secure new jobs or advance in their current positions. This loss of employment can lead to significant financial instability, especially for those who rely on their CDL for their livelihood.
In addition to employment challenges, a DUI conviction can lead to increased insurance premiums. Commercial auto insurance rates are typically higher than personal auto insurance rates, and a DUI on a driving record can cause premiums to spike even further. Insurers may classify the individual as a high-risk driver, resulting in limited options for coverage and significantly higher costs. This financial burden can be overwhelming, especially for those already struggling due to job loss or reduced income following a DUI charge.
Furthermore, the repercussions of a DUI can extend beyond financial and employment issues. The stigma associated with a DUI conviction can affect personal relationships and social standing. Friends, family, and colleagues may view the individual differently, leading to feelings of isolation or shame.
Lastly, a DUI conviction can have legal ramifications that extend well beyond the initial penalties. Many states, including California, implement strict monitoring and compliance programs for repeat offenders, which may include mandatory rehabilitation programs, community service, or probation. Failure to comply with these requirements can result in further legal complications, including additional fines or even jail time.
The cumulative effect of these consequences can create a challenging environment for CDL holders seeking to regain their footing and rebuild their lives after a DUI conviction.
Contact Gold & Witham 24/7!
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 commercial DUI lawyer at Gold & Witham today.
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